National Transportation Safety Board

It’s the hypocrisy that bothers me first. Lawmakers at the National Transportation Safety Board have recommended that states lower the legal blood-alcohol concentration for drivers from .08 percent to .05 percent. For a normal-sized person, that’s going to be little more than a glass of wine with dinner. For a guy like me, that means I’ll only be able to have one bottle of whiskey. In a country that claims it can’t be bothered to run a simple background check before allowing people to legally purchase military grade weapons over the internet, we’re thinking of criminalizing having some wine with dinner and then driving home.

I suppose you could have all the alcohol you want if you drive home in a freaking tank, because as long as there is a gun involved, the government isn’t allowed to do squat.

But even if we ignore the hypocrisy and move past the obvious enforceability problems of turning nearly everybody on the road after 1:00 a.m. into a criminal, there’s still another huge problem with this NTSB recommendation. It’s a “national” standard for what absolutely is a state-by-state concern.

That’s right, I said it, I object to this recommendation on federalism grounds….

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* Apparently Gloria Allred will only take male clients if they’re controversial enough to keep her in the limelight. She’s representing the alleged sex abuse victims in a suit against Syracuse and basketball coach Jim Boeheim. [CNN]

* Law School Transparency breaks it down for the guy who believes that the “apocalyptic” views of the legal market are “overblown.” Of course, that guy just so happens to be a Cooley Law dean. How convenient. [The Careerist]

* Pleasure you want. Protection you trust. Unfortunately, DLA Piper blew its load all over the FTC’s antitrust probe of Trojan condoms. [Blog of Legal Times]

* Nanny state alert: texting while driving is already illegal in a majority of states, but what about talking while driving? Be prepared, because the NTSB says that’s a big no-no. [Bloomberg]

* You can blame Canada for this one. In February, the world will see the first ever moot court competition play out on Twitter. #noseriously [West Coast Environmental Law]

Those blinking lights are important. Seriously.

I’ve been writing about electronic discovery for almost three years now. I’ve learned that most of the time, it’s not worth trying to interest non-attorneys in the subject. My friends’, family’s, and girlfriend’s eyes glaze over pretty quickly when I started mentioning the EDRM model or document review.

So when I saw the story early this morning about big e-discovery news in the litigation following a tragic plane crash, at first I thought I had misread something.

On February 12, 2009, Colgan Air Flight 3407 crashed near Buffalo Niagara International Airport in New York, killing 50 people. Later that year, authorities blamed pilot error for the crash. Unsurprisingly, families of the victims have sued the airline for failing to provide trained, capable, and rested pilots. This week, attorneys for the families released internal company e-mails that appear to show Colgan knew the pilot of the doomed flight was having serious problems.

What do the e-mails have to say?

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