- First lawsuit in the Colorado theater shooting wants to blame Warner Brothers for an event planned months before the movie came out. Somehow ten million other people saw the movie this weekend without shooting anyone. [Overlawyered]
- I'm surprised a product-liability attorney hasn't independently heard of the overwarning phenomenon, but she deduces the hypothesis very well without using the technical term. And, yes, it's a real problem, recognized in the literature and by courts. [Abnormal Use; also earlier on PoL]
- I am shocked, shocked, to learn that Media Matters is misrepresenting conservative writers instead of addressing their arguments honestly. [Bader; earlier on PoL]
- Oral argument in Fisher v. University of Texas affirmative action case set for October 10. [Clegg via @FedSoc]
- Shall we abandon "shall"? [Garner @ ABAJ via @andrewmgrossman, and don't miss Garner & Scalia & David Foster Wallace in the WSJ Speakeasy blog]
- Political posturing against Chick-Fil-A could have bad long-term consequences for liberals; not that conservatives who demanded a shutdown of the Ground Zero mosque have the moral high ground. [OL roundup; Mandel @ Commentary; Serwer @ MoJo; Greenwald; see also Merritt]
- In the cure-is-worse-than-the-disease category, see Holman Jenkins's proposal to have government preemptively prevent mass murders by monitoring everyone's communications. No concern for privacy, much less, say, false positives or the abuse from a government that has previously been more prone to classify right-wing movements as potentially violent than it has (more violent) left-wing movements. [WSJ]
Around the web, July 27
- Update on BAMN
- In the Matter of McCutcheon: The Merits of Campaign-Finance "Aggregation"
- Illinois, Chicago treats small businesses like they're a problem
- BAMN! Are the people sovereign, or aren't they?
- Jewish or Asian and rejected by Berkeley undergrad?
- Deep pockets files: California concrete thrower
- Ezra Klein unfair to Scalia
- Ninth Circuit refuses to extend Caronia
- FDA won't appeal off-label promotion ruling
- Why does FDA keep drugmakers from informing doctors?
- Hans Bader on disparate impact liability
- Does Fisher matter?
- United States v. Caronia
- New Podcast: The Affirmative Action arguments
- The myth of the myth of voting fraud, continued
Center for Legal Policy at the