Author Archive

February 27 roundup

SCOTUS: fish not “documents” or “records” under Dodd-Frank

Ilya Shapiro comments [link fixed now] on the Supreme Court’s ruling this morning in Yates v. United States that the Sarbanes-Oxley accounting law’s prohibition on evasive destruction of “tangible objects” cannot be used to prosecute a fisherman who discarded undersized grouper in hopes of avoiding enforcement. “How does one make a false entry on a fish?” asked Justice Samuel Alito in a concurrence, while dissenting Justice Elena Kagan, citing Dr. Seuss’s “One Fish Two Fish,” disagreed with the prevailing justices’ view that the statute’s prohibition on destruction of “tangible objects” should be read in conjunction with references elsewhere in its text to files and information. [David Lat/Above the Law; ABA Journal] Earlier here.

Blog slowdown

I’m taking time away from Overlawyered to attend to some personal matters. Expect a slower pace of posting through maybe the middle of March, depending on circumstances. Comments still enabled, but moderation and approval might be slower or less predictable than usual.

School bake sales defended in Virginia

S’more local autonomy that way: despite federal pressure in the other direction Virginia lawmakers are moving to enable more school bake sales [Laura Vozzella, Washington Post] Columnist Petula Dvorak finds the debate “ridiculous”: “The classic school bake sale to raise cash for sports equipment, class trips or charitable causes is actually an essential part of a curriculum,” teaching lessons of “entrepreneurship, independence, self-reliance, creation of a product.” Earlier on school bake sales here, here, here, here, here, here, etc.

Free speech roundup

  • “Victory for ‘Caveman’ Blogger in Free Speech Fight – the right to give advice about what to eat” [Institute for Justice, earlier]
  • “Is an academic discussion of free speech potentially traumatic?” Given campus trends, it might soon be [Wendy Kaminer]
  • Logic of rejecting heckler’s veto points likewise to rejecting its savage cousin, terrorists’ veto [Ronald Collins]
  • Someone tried to yank a Minnesota urbanist’s engineering license because of things he wrote on his blog. It didn’t work [Strong Towns; compare first roundup item]
  • Departing NPR ombudsman would take free speech law back to ’50s, and that means 1850s not 1950s [Volokh, earlier]
  • The last time I saw Paris, it was making a fool of itself in litigation [Mediaite, Huffington Post, earlier on city’s threats to sue Fox]
  • Argentina: state uses control over soccer broadcasts to beam propaganda denouncing opposition [David Kopel] “Dissenting voices silenced in Pakistan’s war of the web” [Jon Boone, Guardian]