August 5 roundup

  • Makes perfect sense: to make transportation more accessible to its residents, Montgomery County, Maryland orders 20 taxi companies to close down [Washington Post]
  • “New ‘Gainful Employment’ Rule Spells Trouble For For-Profit Law Schools (And Would For 50 Non-Profit Law Schools)” [Caron, TaxProf]
  • “To comply with a twisted interpretation of TCPA, Twitter would have to stop providing certain services altogether.” [Harold Furchtgott-Roth] “New FCC Rules Could Make Polling More Expensive, Less Accurate” [HuffPost Pollster]
  • To draft the unpassable bill: Scott Shackford on the politics and bad policy behind the omnibus LGBT Equality Act [Reason] “So How Can Anyone Be Opposed to Non-Discrimination Laws?” [Coyote]
  • Update: “Court rejects claim over goat goring in Olympic National Park” [AP, earlier here and here]
  • “I would receive 100 other identical stories [from asylum seekers] with only the names changed.” [The Australian, 2013]
  • “Some protested that DNA testing amounted to a violation of canine privacy because dogs were not capable of consent.” [New York Times on Brooklyn condo dispute via @orinkerr]

Thousands fewer community banks under Dodd-Frank

At last night’s Republican debate in New Hampshire, Carly Fiorina criticized how the Dodd-Frank law is strangling community banks, as well as its encouragement of yet bigger Wall Street firms and Congress’s failure to reform mortgage entities Fannie Mae and Freddie Mac. More on community banks here, from Scott Beyer, and in several past posts.

P.S. We’ve previously noted this WSJ account from March on one of the most dramatic aspects of the trend, the throttling of de novo bank formation:

Based in a rural village in the heart of Amish country, Bank of Bird-in-Hand is the only new bank to open in the U.S. since 2010, when the Dodd-Frank law was passed and enacted. An average of more than 100 new banks a year opened in the three decades before Dodd-Frank.

Medical roundup

  • Scorecards on complication rates and outcomes may reveal little about who’s a bad doctor since best docs sometimes take hardest cases [Saurabh Jha, KevinMD] “Anatomy of error: a surgeon remembers his mistakes” [The New Yorker]
  • When parents and doctors don’t agree, are allegations of “medical child abuse” levied too liberally? [Maxine Eichner, New York Times; Lenore Skenazy, see also “medical kidnapping” links]
  • ABA’s Standing Committee on Medical Professional Liability derailed in bid for House of Delegates resolution endorsing unlimited punitive damages in product liability [Drug & Device Law first, second, third posts]
  • Wisconsin repeals medical whistleblower law [Milwaukee Journal-Sentinel]
  • “Politically Driven Unionization Threatens In-Home Care” [David Osborne, IBD]
  • Ninth Circuit upholds Washington state regulations forcing family pharmacy to dispense morning-after pills [The Becket Fund]
  • Pathologist who frequently diagnosed shaken baby syndrome loses Montana role [Missoulian]

Live-tweeting debate tonight, #Cato2016

I’ll be joining Cato Institute colleagues tonight (Monday) from 7 p.m. Eastern live-tweeting the first Republican presidential candidate debate of the election cycle at hashtag #Cato2016. Details here. Follow along! And please follow my own account on Twitter as well as Overlawyered’s.

Update: You can read the results here, including favorable mentions of Rick Perry’s legal reform and Carly Fiorina’s critique of Dodd-Frank, as well as a question I wish they’d asked Lindsey Graham and some cruel nicknames coined by P.J. O’Rourke.

Police unions roundup

  • Police union files grievance to regain job for University of Cincinnati cop charged in Sam DuBose death [WXIX] Also Ohio: “Forget Criminal Charges. Disciplining Officers In Cleveland Is Hard Enough” [Carimah Townes, ThinkProgress] “How Police Unions Contribute to the Police Violence Problem” [Ed Krayewski]
  • Profile of Fraternal Order of Police head [Politico via Radley Balko, who comments] When taking on public employee unions, GOP governors often sidestep police, firefighters [New York Times in March]
  • FOP president says Law Enforcement Officers Bill of Rights (LEOBR/LEOBOR) laws don’t “afford police any greater rights than those possessed by other citizens” Reality check please [Scott Greenfield on NY Times “Room for Debate“, Marshall Project “Blue Shield” in-depth look, earlier on these laws]
  • El Paso union contract “gives cops two days to get their stories straight after a shooting” [see “Responsive Documents,” p. 55, in public records request via @TimCushing] Frequent-flyer testifier in police shootings: “His conclusions are consistent: The officer acted appropriately.” [New York Times]
  • Private sector unionism, public, what’s the difference? Now we’re finding out [Greenfield]
  • Trying to picture a US politician talking back to organized constabulary the way the UK’s Theresa May did a few weeks back [BBC]
  • “‘It seems like the citizens would appreciate a lack of police presence, and that’s exactly what they’re getting,’ he said.” [Washington Post (“vacate the streets and see how the community likes it”)] “Baltimore killings soar to a level unseen in 43 years” [Juliet Linderman/AP “Big Story”; WBAL; earlier on NYPD’s “strike while still getting paid” tactics]

Another case for lowering the drinking age

Very few countries have a national age as high as 21, argues Jeffrey Tucker at Newsweek (originally FEE), and women of college age may be more vulnerable if the only drinking venues available are dorms and fraternities. R.J. Lehmann of the R Street Institute says that even if considerations such as individual liberty make a cut in the age advisable, we should go into the process with eyes wide open about the safety impacts, not all of which will be positive. Earlier here.