Author Archive

NYC to carwashes: unionize or else

A new law in New York City aims to close car washes that don’t unionize, and workers’ own wishes in the matter would appear to be irrelevant. The bill would “requir[e] car wash owners to purchase a $150,000 surety bond to operate in city limits. … [But] businesses with collective bargaining agreements with unions in place only need $30,000 coverage.” [F. Bill McMorris, Free Beacon]

“Judge Kozinski: Time to Rein in Prosecutors”

“In the latest issue of Georgetown Law Journal, Judge Alex Kozinski of the Ninth U.S. Circuit Court of Appeals turns a critical gaze toward America’s criminal justice system. …one of [the essay’s] major themes is prosecutorial advantage, both in federal and state courtrooms.” Among his topics: judges’ and federal authorities’ reluctance to name or charge misbehaving prosecutors. He thinks the U.S. Department of Justice should drop its opposition to “a bill proposed by Republican Sen. Lisa Murkowski of Alaska in 2012 — called the Fairness in Disclosure of Evidence Act — that would require federal prosecutors to disclose any evidence ‘that may reasonably appear to be favorable to the defendant in a criminal prosecution.'” (The Department currently follows a less demanding standard on disclosure of adverse evidence). Kozinski also “favors abolishing state judicial elections, among other recommendations.” [Jacob Gershman, WSJ Law Blog; Alex Kozinski, “Preface,” Georgetown Law Journal Annual Review of Criminal Procedure 2015]

Schools roundup

Great moments in alcohol enforcement

Conor Friedersdorf, The Atlantic:

[Charles Murray, author of the newly published By the People: Rebuilding Liberty without Permission] is quick to add that he is perfectly fine with a wide range of sensible regulations, and that only a narrow subset of regulations ought to be disobeyed, offering this rule of thumb: if the matter in question were to become a news story in the mass media, the vast majority of Americans would side with the rule-breaker. He offered the example of a bartender with whom he corresponded––she was fined $3,000 for failing to card a customer, and while he granted the legitimacy of requiring alcohol sellers to check the ages of customers, he felt it was unfair to fine the bartender in this particular situation as the customer was her father.

Earlier on Murray’s new book here and here.

Supreme Court and constitutional law roundup

  • Supreme Court grants certiorari (as Cato had urged) in Friedrichs v. California Teachers Association, on First Amendment rights of individual public employees against unions, potentially major sequel to Harris v. Quinn (our coverage) and Knox v. SEIU (our coverage). More: Jason Bedrick, Cato;
  • More First Amendment: On same day, high court says Texas can turn down Confederate-flag license plates but that town of Gilbert, Ariz. impermissibly took content into account in regulating roadside signs [Lyle Denniston; Eugene Volokh on Gilbert and earlier, and on license plates] Ilya Shapiro has a wrap-up of other end-of-term cases;
  • Paging judicial-independence buffs: study finds Obama stands out for aggressive comments on pending SCOTUS cases [W$J via Jonathan Adler]
  • Abercrombie v. EEOC followup (earlier): If Thomas’s dissent has the courage of its convictions, maybe it’s because he was longest-serving chairman in EEOC history [Tamara Tabo] “SCOTUS requires employers to stereotype in ruling for EEOC in hijab-accommodation case” [Jon Hyman] Yes, employers can still have dress codes, but read on for the caveat [Daniel Schwartz]
  • “Illinois Uses Racial Preferences for No Good Reason,” Seventh Circuit take note [Ilya Shapiro and Julio Colomba, Cato]
  • Feds can refuse to register a “disparaging” trademark. Consistent with the First Amendment? [Shapiro, Cato]
  • More from Ilya Somin on anniversary of eminent domain Kelo v. New London decision [one, two, more]