Search Results for ‘schneiderman’

Schneiderman to fantasy sports companies: get out of New York

“After a month-long investigation, New York State Attorney General Eric Schneiderman is sending cease-and-desist letters to DraftKings and FanDuel — essentially banning the two sites from operating in New York. Schneiderman feels that they are illegal gambling sites, rather than offering games of skill as both companies argue.” [Neal Ungerleider/Fast Company, David Marcus/Federalist, earlier]

More: “I challenge you to a fantasy football duel, Eric Schneiderman” [Paul McPolin, New York Post]

Eric Schneiderman’s herbal-supplements adventure

“Never apologize, never explain” is not a maxim to recommend for a state’s top law enforcer, and that goes for New York’s Attorney General Eric Schneiderman, the subject of my recent City Journal piece. Early this year Schneiderman charged that herbal supplements on sale at GNC, Walmart and other major retailers, when subjected to special tests arranged by his office, were found to lack DNA associated with the advertised herbs. Within days close observers and experts in the field had deduced why Schneiderman’s tests had produced such remarkable results: he had relied on testing methods badly unsuited to identifying active ingredients in substances that, like most of the supplements, had undergone extensive processing [see, e.g., Nicola Twilley, New Yorker; Live Science; Bill Hammond, New York Daily News]

Other officials might have beat a timely retreat. Schneiderman’s office instead dug in, refusing to apologize, back down or even publicly disclose key facts about its testing methods. I’ve done a Cato Daily Podcast with Caleb Brown about the whole episode, including what is perhaps the most ominous aspect: such is the legal leverage of a New York attorney general that the targets chose to settle anyway. City Journal piece, again, here.

Schneiderman demands 225,000 NYC AirBnB users’ records

Because you thought he was some kind of big privacy advocate or something? “Attorney General Eric Schneiderman subpoenaed the data as part of an investigation into the website stemming from a 2010 law that makes it illegal to use such sites to rent out your own apartment.” He says he’s after the 15,000 or so customers who used the service to let guests stay on their premises for a fee. Next: Craigslist? [New York Daily News, Matt Welch/Reason]

Schneiderman vs. market-clearing prices

Some politicians just want there to be random shortages [WSJ editorial]:

New York Attorney General Eric Schneiderman has subpoenaed the Craigslist website for the identities of people who advertised gas for sale at high prices. Mr. Schneiderman is doing this in the name of a New York law that forbids charging an “unconscionably excessive price” during an “abnormal disruption in the market.”

Climate deniers to the wall — 15 years ago

Checking back through the archives from our very first weeks at this site, I found this from August 1999:

In yesterday’s Washington Post, David Ignatius calls global warming a potential “plaintiff’s lawyer’s dream”, quoting former deputy energy secretary Lynn Coleman as saying that if doomsayers’ predictions prove accurate, lawyers could file trillions of dollars in claims against utilities, oil companies and others for weather-related effects. Significantly, Ignatius suggests (“the best analogy may be tobacco”) that future juries will be angered by some companies’ current boldness in debating the issue by way of counter-studies and newspaper ads. Apparently one “lesson of tobacco” is that it’s henceforth going to count as an independently punishable offense to defend one’s business in public controversy…

Devising punitive legal consequences for having argued the wrong side in public controversies isn’t just a notion Sheldon Whitehouse and Eric Schneiderman come up with the other day.

Climate speech: “One assumes that there is something illegal about that, but, even if there isn’t…”

Environmentalist writer Bill McKibben, often cited as a key intellectual influence behind the push to have some climate advocacy by business declared illegal, concedes to a friendly interviewer that he’s “not sure what the legality of all this is” concerning ExxonMobil’s alleged conduct: “one assumes that there is something illegal about that, but, even if there isn’t…” [Rolling Stone] William Tucker alleges, based on his account of a personal encounter some years back, that the New Yorker writer himself elects to de-emphasize as politically unhelpful (as opposed to actually false) some scientific insights favorable to nuclear generation of electricity [Real Clear Energy, no #McKibbenKnew hashtag yet]

Meanwhile, New York Attorney General Eric Schneiderman confirmed to Judy Woodruff that donations to “climate denial organizations” such as the center-right American Enterprise Institute (!) are central to his probe [PBS] I worked at AEI back in the 1980s but have no recollection of spending time on any issues related to climate change, although perhaps I had better wait for the subpoena before saying anything definitive.

Daniel Fisher at Forbes notes the likely course of the “fishing expedition”: “if you are the New York attorney general you can create public theater to bring pressure on a particular defendant.” Fisher notes that oil majors face political risks in Africa, central Asia and thanks to our feckless politicians, the United States too (duplicate link fixed now). Michael Bastasch at the Daily Caller notes evidence that Sen. Sheldon Whitehouse (D-R.I.), an impresario of the climate prosecution push, conferred behind the scenes with scientists who signed a letter endorsing the effort. And Richard Epstein discusses the various developments in a Hoover podcast.

December 9 roundup

  • Judge Posner cites a Cato amicus brief: Cook County sheriff can’t browbeat Visa and MasterCard into dropping business with sex ad site [Ilya Shapiro, Eugene Volokh] And Daniel Fisher speculates that Posner’s thoughts on how far law enforcers can push around private actors on First Amendment-related subject matter (but without filing charges against them) might carry over to Eric Schneiderman’s ExxonMobil climate-advocacy inquisition [Forbes]
  • “How To Blog: A Primer (And Not A Boring Primer, Either)” [Jim Dedman, Abnormal Use]
  • What the campus protests are about: power [Jonathan Last, Weekly Standard]
  • Eric Turkewitz draws a connection between the debate on guns and my recent work on redistricting, and Ken White at Popehat has more on the debate on guns;
  • Vibrations from “ridge-like” BMW motorcycle seat said to have had unwanted stimulative effect on male user [Marin Independent Journal]
  • Why are Republicans not moving to block Department of Justice settlement slush funds “funneling more than half-a-billion dollars to liberal activist groups” that in some cases route dollars “back to programs that congressional Republicans deliberately stripped of funds”? [Kim Strassel, WSJ]
  • What happens at CLE stays at CLE: doings get wild at a famous mass torts seminar in Las Vegas [Above the Law]

“ExxonMobil has a right to its opinion”

The editorial board of USA Today sees New York attorney general Eric Schneiderman’s probe as an “exercise in politics” and says it raises “serious First Amendment concerns” [USA Today] Concur, more or less: Washington Post editorial board (“Exxon deserves criticism, but it didn’t commit a crime…. Legitimate scientific inquiry depends on allowing strong, even unfair, criticism of the claims that scientists make.”) Related: Adam Freedman, City Journal (“bid to criminalize skepticism.”)

Free speech roundup

  • Uh-oh: “40% of Millennials OK with limiting speech offensive to minorities” [Pew Research, Cathy Young on Twitter (“OK, NOW can we stop the ‘naww, political correctness isn’t a threat to free speech, it’s just about courtesy’ spin?”)]
  • Breezy but informative guide to why Schneiderman & Co. might hope to find, amid the general rule that the First Amendment protects business speech about public policy, an exception/ loophole for business speech about public policy when it affects securities [Matt Levine, Bloomberg View; earlier on climate speech investigations here, etc.]
  • “Lawsplainer: How The Sixth Circuit Stood Up To Hecklers (And Cops)” [Popehat on Michigan case of Bible Believers v. Wayne County, Dearborn protesters threatened with arrest for “disorderly conduct” arising from prospect of violence against them]
  • Discrimination law: “Can Office Depot be forced to print flyers that it disapproves of?” [Eugene Volokh; compare Hands On Originals case in Kentucky]
  • Scary: UK’s Muslim Council calls for controls on UK press coverage of Islamic issues [Ben Flanagan, Al-Arabiya] Prominent Labour MP says he would have “no problem” with reintroducing blasphemy laws [National Secular Society]
  • Cook County sheriff sent letterhead takedown demands to Backpage.com over sex ads, but Supreme Court has looked askance at informal you’d-better-not-publish-this pressure by government [Ilya Shapiro and Randal John Meyer, Cato]
  • Portland, Ore. police department “encourages the reporting to law enforcement” of “offensive language used on social media” even when not illegal. It does? [Charles Cooke]