http://www.pointoflaw.com/ The Manhattan Institute's weblog of news and commentary on law, litigation and legal reform. en-us 2009-07-04T00:07:55-05:00 http://www.pointoflaw.com/archives/2009/07/nejm-the-role-o.php Michelle Mello and Troyen Brennan in the July 2 New England Journal of Medicine: What kinds of malpractice reforms might be candidates for bundling [with comprehensive federal health care reform]? The warhorse of federal tort reform efforts in the past... Medicine and Law Walter Olson 2009-07-04T00:07:55-05:00 http://www.pointoflaw.com/archives/2009/07/around-the-web-187.php Now that Harold Koh has been confirmed, let's have a calm debate on the merits of importing international law [Eric Posner, Volokh, parts one and two] New symposium on originalism in Northwestern U. Law Review has contributions from Barnett,... Asbestos Walter Olson 2009-07-03T09:02:33-05:00 http://www.pointoflaw.com/archives/2009/07/nicholas-kristo.php Missed this NYT column from him the other week: I don't mind the A.M.A. lobbying on behalf of doctors in the many areas where physicians and patients have common interests. The association is dead right, for example, in calling for... Medicine and Law Walter Olson 2009-07-03T07:43:31-05:00 http://www.pointoflaw.com/archives/2009/07/2009-midyear-re.php Corporate Governance Walter Olson 2009-07-03T00:13:48-05:00 http://www.pointoflaw.com/archives/2009/07/four-myths-abou.php Lawrence Ebner's paper for the Washington Legal Foundation is here (PDF).... Preemption Walter Olson 2009-07-03T00:09:40-05:00 http://www.pointoflaw.com/archives/2009/07/someone-notices.php Below we note the June 16 Roll Call story, "Trial Lawyers Now Playing Defense," a debatable assessment but still informative enough. The article includes the first reference we've seen in a news publication about Jon Haber's replacement as CEO of... Miscellaneous Carter Wood 2009-07-02T15:16:54-05:00 http://www.pointoflaw.com/archives/2009/07/trial-lawyers-p.php Medical malpractice and liability reform DID come up yesterday at President Obama's town-hall-style-flavored event on health care. Rep. Michael Burgess (R-TX), a physician, drew attention to Texas' success in capping non-economic damages and challenged the President to push for reforms... Medicine and Law Carter Wood 2009-07-02T14:57:29-05:00 http://www.pointoflaw.com/archives/2009/07/ny-state-senato.php In his capacity as a private lawyer, State Sen. John Sampson of Brooklyn "is suing Schools Chancellor Joel Klein on behalf of a former assistant principal who alleges wrongful dismissal". At the same time, wearing his public hat as Democratic... Politics Walter Olson 2009-07-02T10:34:40-05:00 http://www.pointoflaw.com/archives/2009/07/cloud-computing.php Daniel Schwartz points out angles that might become traps for the unwary: For example, Connecticut's wage and hour laws require employers to keep track of various records of the employee including hours worked, etc. The catch? Such records need to... Employment Law Walter Olson 2009-07-02T10:05:57-05:00 http://www.pointoflaw.com/archives/2009/07/cal-appeal-cour.php In a very interesting case, California's intermediate appeals court has affirmed that state's assumption of risk defense. Once a year, tens of thousands of participants pay hundreds of dollars in fees for the privilege of participating in the "Burning Man... Miscellaneous Michael Krauss 2009-07-02T07:03:00-05:00 http://www.pointoflaw.com/archives/2009/07/calling-in-cons.php It's partly a function of defensive medicine, says Throckmorton: "Indigent patients are less likely to follow up and more likely to sue. So, you consult more to make someone else responsible. As one of our ER docs put it, you... Medicine and Law Walter Olson 2009-07-02T00:10:36-05:00 http://www.pointoflaw.com/archives/2009/07/madoff-sentenci.php That's how the New York Times described attorney Helen Davis Chaitman, but Christopher Fountain, looking into the matter, finds that description less than adequate. Also, Joseph Nocera in the Times on Madoff-victim compensation: "the government is not in the business... Corporate Governance Walter Olson 2009-07-02T00:06:11-05:00 http://www.pointoflaw.com/archives/2009/07/no-shrinking-re.php David Vladeck, the new director of the Federal Trade Commission's Bureau of Consumer Protection, held his first news (joint) conference today, "FTC Cracks Down on Scammers Trying to Take Advantage of the Economic Downturn." Obviously an enforcement effort under way... Carter Wood 2009-07-01T17:27:32-05:00 http://www.pointoflaw.com/archives/2009/07/did-the-court-m.php Jonathan Adler challenges a pervasive press meme.... Supreme Court Walter Olson 2009-07-01T14:39:24-05:00 http://www.pointoflaw.com/archives/2009/07/around-the-web-186.php My other blog, Overlawyered, turns ten years old today -- so far as anyone knows, the oldest weblog on law [Overlawyered] Look before you leap, guys: report for British courts suggests weakening loser-pays rule for class/collective actions [Hartley] You've... Labor Law Walter Olson 2009-07-01T09:36:41-05:00