Recently in NY & Region Category

Demand outstrips supply for New York private schools, and thus tuition creeps upward faster than inflation and the cost of education elsewhere, reaching an astonishing $40,000/year at some schools. At no point does the New York Times article (h/t K.L.) identify what is causing the imbalance: regulatory barriers to entry that make it nearly impossible for new institutions to open and relieve some of the excess demand. Too, some of the excess demand is caused by the large difference in quality between private and public schools, a problem exacerbated by the amount of money public schools waste on union contracts designed to benefit low-quality teachers instead of students.

Eric Turkewitz confirms that this is an official policy (via Overlawyered), and that it appears to be litigation-driven—though, as Turkewitz argues, it may end up increasing civil liability to New York taxpayers in addition to the obvious increased threats to public safety.

Judge Michael Stallman of the Supreme Court of New York County, denied the petition of Occupy Wall Street Protestors to extend a temporary restraining order barring New York City and property owners Brookfield Properties from enforcing new park rules. These new rules prohibit "Camping and/or the erection of tents or other structures. Lying down on the ground, or lying down on benches ...The placement of tarps or sleeping bags or other covering on the property. Storage of placement of personal property on the ground, benches, sitting areas or
walkways which unreasonably interferes with the use of such areas by others."

In response to First Amendment arguments raised by the protestors, Judge Stallman concluded,

The movants have not demonstrated that they have a First Amendment right to remain in Zuccotti Park, along with their tents, structures, generators, and other installations to the exclusion of the owner's reasonable rights and duties to maintain Zuccotti Park, or to the rights to public access of others who might wish to use the space safely. Neither have the applicants shown a right to a temporary restraining order that would restrict the City's enforcement of law so as to promote public health and safety.

The New York Lawyers Guild, representing the protestors, contended that the 24-hour occupation itself-tents and all-is integral to the movement's message. Notwithstanding, Mayor Bloomberg has pledged to enforce the new rules when Zuccotti Park is reopened after its cleaning.

James Copland of PointofLaw and Director of the Center for Legal Policy at the Manhattan Institute discussed the ruling on PBS NewsHour.

Occupy Wall Street is keeping $500,000 in a bank, but hasn't opened its books. Protestors are getting frustrated that they aren't getting bailouts from their own collective, notwithstanding huge tax rates by the collective on their fundraising.

"The other day, I took in $2,000. I kept $650 for my group, and gave the rest to Finance. Then I went to them with a request -- so many people need things, and they should not be going without basic comfort items -- and I was told to fill out paperwork. Paperwork! Are they the government now?" Smith fumed, even as he cajoled the passing crowd for more cash.

Meanwhile, the drum circle, which was annoying protestors almost as much as the middle-class residents who have lost their neighborhood to noise and urine smells, have found their drums vandalized and the unfeeling collective unwilling to purchase new drums or storage. [NY Post and Urban Grounds and NY Post via Geraghty's Morning Jolt; must-read NY Magazine via Bernstein @ Volokh via me]

Of course, it's a standard tactic for plaintiffs' lawyers to lobby media, hedge funds, and government to mau-mau corporations into settling, so this isn't exactly a man-bites-dog scandal, but the New York Times takes a look at this often underreported aspect of big-bucks litigation. Chevron has filed a freedom-of-information request with New York state government. Chevron's Amazon Post website is an admirable attempt to get its side of the story out there (one we'd wish other corporations would emulate when being unfairly attacked by the trial bar).

Relatedly, Miami Herald film critic Glenn Garvin has some trenchant observations about the number of trial-lawyer-funded films masquerading as documentaries.

In other Lago Agrio news, the Second Circuit vacated Judge Kaplan's preliminary injunction against the plaintiffs regarding enforcement of the Ecuador judgment. A request to remove Kaplan from the case was denied.

New York state law has no provision for awarding attorney fees to objectors who improve class action settlements; while most courts recognize the "common fund" aspect of awarding fees, New York courts do not. The absence of statutory authority has meant that class members, who already have little incentive to challenge unfair settlements, do not even have the hope of winning fees. A law has since passed the legislature to fix this loophole; this may be the first explicit statutory authority for class-action objectors to recover fees. [Reuters]

I've long criticized a silly judgment in New York state court that the Port Authority was 68% responsible for the 1993 terrorist bombing of the World Trade Center, potentially putting them on the hook for $1.8 billion in damages.

The good news is that today the New York Court of Appeal struck down that decision, reversing lower courts; the bad news is that the decision was only 4-3, and on the narrow ground of governmental immunity under New York statutes, rather than any sort of rational interpretation of the principle of causation. [NY Court of Appeals via Bashman; earlier @ WSJ]

Two studies published in The Lancet find no statistically-significant evidence of increased cancer rates, lung ailments, or fatalities from exposure to World Trade Center dust. Out of 9000 firefighters, only nine came down with lung cancer. Not only was this figure less than half of the predicted rate, but all nine firefighters were smokers. [AP]

We can disagree about the appropriate role of government in combating the obesity crisis, but one would think that there's a consensus at least that government shouldn't be subsidizing obesity. Thus, Mayor Bloomberg asked that sugar-sweetened drinks be eliminated from the city's food-stamp program. But not only have federal officials rejected Bloomberg's proposal, they're considering a proposal from Yum! Foods—i.e. Taco Bell, Pizza Hut, Long John Silver's and KFC—to accept food stamps.

The consequence of seeking criminal liability on the theory that a suicide was caused by a bullying breach of privacy is that the decedent's privacy is breached all the more as the defendant seeks to prove reasonable doubt through alternative reasons for the suicide. [ATL; Kashmir Hill @ Forbes; NYT; New York; NJ Star-Ledger]