WHY I NEVER WENT TO LAW SCHOOL, XVII

James Joyner | Thursday, November 13, 2003

Dahlia Lithwick has an amusing take on a Supreme Court case about the meaning of the word “accident” as it pertains to an asthmatic man dying on an airplane because of exposure to second hand smoke when the stewardess refused to let him move. Beyond that, the case defies summary–it’s rather odd.

A related issue, not addressed by Lithwich, is one of personal responsibility. If I’m so sick that exposure to second hand smoke–even the amount that filters into the No Smoking section–is enough to trigger a possibly fatal asthma attack, wouldn’t it behoove me to stay off airlines or at least arrange to be on a smoke-free flight?

About the Author: James Joyner is the publisher of Outside the Beltway and the managing editor of the Atlantic Council. He's a former Army officer, Desert Storm vet, and college professor with a PhD in political science from The University of Alabama. He lives just outside the Beltway in Alexandria, Virginia with his wife and infant daughter.

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Tags | Law and the Courts

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