Lagniappe: an unserious blog
the exception to "all publicity is good publicity"
This "Ted Franklin" fellow at the American Enterprise Institute who spoke to the Birmingham News about the recent Judge Acker decision and FACTA amendments sounds like an interesting fellow who has thought about some of the same issues I have, even if he holds opinions diametrically opposed to mine about the need to cap damages in FACTA class actions.

Bloomberg, at least, quoted me accurately:
Acker also ruled that the law's requirement that juries
award ``not less than $100 and not more than $1,000'' for each
willful violation gives jurors no rational basis for setting
damages. That argument is weaker than the one against
disproportionate penalties, said Ted Frank, director of the
American Enterprise Institute's Legal Center for the Public
Interest in Washington.

``To date, nobody's ever said that that makes a statute void
for vagueness,'' Frank said. ...

``Congress didn't correct the underlying problem in the
statute, which is that there's no cap on the damages for a class-
action suit,'' Frank said. ``If those circuits disagree, the
Supreme Court will have to step in and shake this out.''
That story is behind a subscription wall. When I looked for it, I did find my October 2007 television appearance on their network, which apparently has been publicly available for a while.

Related Posts (on one page):

  1. Birmingham News, June 3
  2. the exception to "all publicity is good publicity"
In the Examiner
Talking about Barack Obama.

Related Posts (on one page):

  1. fast forward to 0:56
  2. In the Examiner
15-minute roundup
I have an op-ed in today's New York Sun about the civil trial over the 1993 World Trade Center bombing.

I'm quoted in City Journal on FDA litigation, and in the AARP Bulletin on Senate legislation to expand litigation over wage claims, though the latter's cribbed from my NPR blog post on the subject.