Overlawyered » Walter Olson http://overlawyered.com Chronicling the high cost of our legal system Wed, 01 Jul 2015 09:49:27 +0000 en-US hourly 1 http://wordpress.org/?v=4.2.2 “De Blasio continues crusade against smoking at home” http://overlawyered.com/2015/07/de-blasio-continues-crusade-against-smoking-at-home/ http://overlawyered.com/2015/07/de-blasio-continues-crusade-against-smoking-at-home/#comments Wed, 01 Jul 2015 09:48:50 +0000 http://overlawyered.com/?p=54000 “The administration [of Mayor Bill de Blasio] is planning to select and pay four health-advocacy groups $9,000 apiece to pressure landlords and developers to prohibit smoking in their apartment complexes so neighboring tenants don’t inhale secondhand smoke.” [Carl Campanile/New York Post] Tags: advocacy funding, landlord tenant law, NYC, smoking bans

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“The administration [of Mayor Bill de Blasio] is planning to select and pay four health-advocacy groups $9,000 apiece to pressure landlords and developers to prohibit smoking in their apartment complexes so neighboring tenants don’t inhale secondhand smoke.” [Carl Campanile/New York Post]

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Great moments in alcohol enforcement http://overlawyered.com/2015/07/great-moments-in-alcohol-enforcement/ http://overlawyered.com/2015/07/great-moments-in-alcohol-enforcement/#comments Wed, 01 Jul 2015 04:15:38 +0000 http://overlawyered.com/?p=54013 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 […]

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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.

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Supreme Court and constitutional law roundup http://overlawyered.com/2015/07/supreme-court-and-constitutional-law-roundup-3/ http://overlawyered.com/2015/07/supreme-court-and-constitutional-law-roundup-3/#comments Wed, 01 Jul 2015 04:05:41 +0000 http://overlawyered.com/?p=53691 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 […]

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  • 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]
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    Unwanted endorsements dept. http://overlawyered.com/2015/06/unwanted-endorsements-dept/ http://overlawyered.com/2015/06/unwanted-endorsements-dept/#comments Tue, 30 Jun 2015 10:20:20 +0000 http://overlawyered.com/?p=53980 James (Whitey) Bulger, former Boston crime kingpin: “Advice is a cheap commodity. Some seek it from me about crime. I know only one thing for sure: If you want to make crime pay go to law school.” [New York Times via Paul Caron] Tags: law schools, lawyers

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    James (Whitey) Bulger, former Boston crime kingpin: “Advice is a cheap commodity. Some seek it from me about crime. I know only one thing for sure: If you want to make crime pay go to law school.” [New York Times via Paul Caron]

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    What Anthony Kennedy could have learned from Brown v. Board http://overlawyered.com/2015/06/what-anthony-kennedy-could-have-learned-from-brown-v-board/ http://overlawyered.com/2015/06/what-anthony-kennedy-could-have-learned-from-brown-v-board/#comments Tue, 30 Jun 2015 04:18:51 +0000 http://overlawyered.com/?p=53982 Go for clarity rather than depth of feeling, advises Paul Horwitz [PrawfsBlawg] Re: AMK’s revival of substantive due process, warns John McGinnis, libertarians should be careful what they wish for [Law and Liberty] Tags: judges, same-sex marriage, Supreme Court

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    Go for clarity rather than depth of feeling, advises Paul Horwitz [PrawfsBlawg] Re: AMK’s revival of substantive due process, warns John McGinnis, libertarians should be careful what they wish for [Law and Liberty]

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    Forfeiture roundup http://overlawyered.com/2015/06/forfeiture-roundup/ http://overlawyered.com/2015/06/forfeiture-roundup/#comments Tue, 30 Jun 2015 04:05:55 +0000 http://overlawyered.com/?p=53951 How does your state rank on asset forfeiture laws? [Michael Greibok, FreedomWorks via Scott Shackford] Maryland delegate alleges that vetoed bill “would have made it easier for criminals to get their forfeited property back,” seemingly unaware that it focused on rights of owners *not* found guilty of anything [Haven Shoemaker, Carroll County Times] Arizona counties […]

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  • How does your state rank on asset forfeiture laws? [Michael Greibok, FreedomWorks via Scott Shackford] Maryland delegate alleges that vetoed bill “would have made it easier for criminals to get their forfeited property back,” seemingly unaware that it focused on rights of owners *not* found guilty of anything [Haven Shoemaker, Carroll County Times] Arizona counties said to have nearly free rein in spending money [Arizona Republic via Coyote]
  • I took part last week in a panel discussion in Washington, D.C. on civil asset forfeiture, sponsored by Right on Crime, and it went very well I thought [Sarah Gompper, FreedomWorks]
  • “Nail Salon Owner Sues For Return Of Life Savings Seized By DEA Agents At Airport” [Tim Cushing, TechDirt] And: “A federal judge has just ordered the government to return $167,000 it took from a man passing through Nevada on his way to visit his girlfriend in California.” [Cushing]
  • “How Philadelphia seizes millions in ‘pocket change’ from some of the city’s poorest residents” [Christopher Ingraham, Washington Post “Wonkblog”]
  • IRS drops structuring forfeiture case against N.C. convenience store owner Lyndon McLellan, will return more than $107,000 it seized [Institute for Justice]
  • Canada, too, has civil forfeiture when there has been no criminal conviction [British Columbia Civil Liberties Association]
  • Michigan testimony: “After they breached the door at gunpoint with masks, they proceeded to take every belonging in my house” [Jacob Sullum]
  • Town of Richland, Mississippi, population 7,000, builds $4.1 million police headquarters with forfeiture money. Thanks, passing motorists! [Steve Wilson, Mississippi Watchdog via Radley Balko]
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    “The Menu Labeling Morass” http://overlawyered.com/2015/06/the-menu-labeling-morass/ http://overlawyered.com/2015/06/the-menu-labeling-morass/#comments Mon, 29 Jun 2015 19:18:04 +0000 http://overlawyered.com/?p=53955 “The FDA may soon have the power to criminally charge restaurant owners who fail to publicly post calorie information on menus.” New Cato podcast with Ike Brannon, discussing his article with Sam Batkins in the Summer edition of Regulation. Earlier here, here, here, here, and here. Tags: FDA, ObamaCare, obesity, restaurants

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    “The FDA may soon have the power to criminally charge restaurant owners who fail to publicly post calorie information on menus.” New Cato podcast with Ike Brannon, discussing his article with Sam Batkins in the Summer edition of Regulation. Earlier here, here, here, here, and here.

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    Suit over outside-Mississippi adultery turns on awareness of boyfriend’s domicile http://overlawyered.com/2015/06/suit-over-outside-mississippi-adultery-turns-on-awareness-of-boyfriends-domicile/ http://overlawyered.com/2015/06/suit-over-outside-mississippi-adultery-turns-on-awareness-of-boyfriends-domicile/#comments Mon, 29 Jun 2015 04:15:57 +0000 http://overlawyered.com/?p=53969 Mississippi, along with North Carolina, has preserved the tort of “alienation of affections,” which enables lawsuits by married persons against a spouse’s lover for undermining a marriage. Exercising long-arm jurisdiction, it even allows suits against alleged paramours who have never set foot in Mississippi but (it is claimed) engaged in trysts with a married Mississippian […]

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    Mississippi, along with North Carolina, has preserved the tort of “alienation of affections,” which enables lawsuits by married persons against a spouse’s lover for undermining a marriage. Exercising long-arm jurisdiction, it even allows suits against alleged paramours who have never set foot in Mississippi but (it is claimed) engaged in trysts with a married Mississippian outside the state. In a recent case, however, the Mississippi Supreme Court ruled 7-2 that a woman sued under the law could move to dismiss the case for lack of personal jurisdiction on the grounds that she had no idea her boyfriend resided in Mississippi over the course of a relationship conducted in other states. [Nordness v. Faucheaux via Volokh]

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    Environment roundup http://overlawyered.com/2015/06/environment-roundup-20/ http://overlawyered.com/2015/06/environment-roundup-20/#comments Mon, 29 Jun 2015 04:05:50 +0000 http://overlawyered.com/?p=53827 Natural experiment in greater Dallas area on whether fracking is good for local land values or not [Peter Van Doren, Cato] Inclusionary zoning drives up housing costs, allowing greater density would be better way to serve interests of poor [Scott Beyer] “The ‘Plan Bay Area’: Restricting Housing Development Isn’t Reform” [Jonathan Wood and Randal O’Toole, […]

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  • Natural experiment in greater Dallas area on whether fracking is good for local land values or not [Peter Van Doren, Cato]
  • Inclusionary zoning drives up housing costs, allowing greater density would be better way to serve interests of poor [Scott Beyer] “The ‘Plan Bay Area’: Restricting Housing Development Isn’t Reform” [Jonathan Wood and Randal O’Toole, Forbes/Cato]
  • “Poorly argued, destructive in intent”: Vatican’s eco-encyclical is old nonsense in green new garb [Andrew Stuttaford, Secular Right]
  • “Lion hunters warn U.S. conservation rules could backfire” [Helen Nyambura-Mwaura, Reuters]
  • California’s notorious Prop 65: any hope for reform? [Cal Biz Lit, more]
  • Citizen suits and consent decrees: in New England, “Conservation Law Foundation wields tremendous power” [Peter Ubertaccio, WGBH]
  • “EPA Shifts its Legally Suspect ‘Environmental Justice’ Agenda into Higher Gear” [Glenn Lammi, WLF]
  • Breaking: Supreme Court rules 5-4 against EPA on Clean Air Act power plant emissions rule [CNN, Michigan v. EPA, Daniel Fisher, Andrew Grossman]
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    California lawmakers move against arbitration http://overlawyered.com/2015/06/california-lawmakers-move-against-arbitration/ http://overlawyered.com/2015/06/california-lawmakers-move-against-arbitration/#comments Sun, 28 Jun 2015 15:08:44 +0000 http://overlawyered.com/?p=53962 By cutting off contractual freedom for pre-dispute arbitration agreements in the workplace, trial lawyers and unions in California intend to pave the way for more and bigger class actions [Dave Roberts, Fox and Hounds] Tags: arbitration, California

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    By cutting off contractual freedom for pre-dispute arbitration agreements in the workplace, trial lawyers and unions in California intend to pave the way for more and bigger class actions [Dave Roberts, Fox and Hounds]

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