Author Archive

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.

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]

EEOC set back on criminal record check case, again

This time it’s the Fourth Circuit, upholding a trial judge, finding “pervasive errors and utterly unreliable analysis” in the expert reports submitted by the Equal Employment Opportunity Commission in the case of EEOC v. Freeman. I’ve written it up at Cato at Liberty, where I also recommend, as providing something of a more balanced view of the criminal record hiring issue, a briefing report from the U.S. Commission on Civil Rights.

Police unions roundup

  • Quite a story: “Las Vegas cop behind controversial killing now influential union leader” [Las Vegas Review-Journal]
  • Strife betwen NYPD union and City Hall long predates current NYC mayor [David Firestone, Quartz; Guardian]
  • “Report: Massachusetts police grant ‘professional courtesy’ to other officers caught driving drunk” [Radley Balko; earlier on cops’ refusal to ticket cops]
  • “Cleveland police union defends fired cop, saying others did far worse” [Cleveland Plain Dealer, earlier]
  • After cartoon ire, did union chief tell police departments not to give information to Bucks County, Penn. paper? [Jim Romenesko via Balko]
  • Oldie but goodie: “hit it with a flashlight until we gain compliance” [Officer.com]
  • Miami FOP: chief’s view of the Eric Garner case isn’t ours [Washington Post via Amy Alkon]
  • And for a contrasting view, check out the generally pro-police-organization site of Ron DeLord;

“Activist theater” and the campaign against Judge Edith Jones

Tamara Tabo has some choice things to say following judges’ unanimous rebuff to a bogus ethics complaint against Fifth Circuit Judge Edith Jones: “Using professional misconduct proceedings to harm an ideological rival is worrisome. …It was weakly supported, politically motivated, self-serving, and opportunistic. It’s dirty pool.” Among jurists on the panel that recommended dismissal of the complaint was respected D.C. Circuit Chief Judge Merrick Garland, a Clinton appointee [Above the Law, opinion] We cast a dubious eye on the allegations earlier here, here, and here.

Petitioners in the case, to quote the opinion, “include the League of United Latin American Citizens (LULAC); the NAACP (Austin Chapter); the National Bar Association (Dallas Affiliate – J.L. Turner Legal Association); the Texas Civil Rights Project; La Union del Pueblo Entero (LUPE); legal ethics experts, and law professors specializing in judicial ethics.” They should each reflect upon the costs to an independent judiciary of leveling unsubstantiated allegations for political motives. More: Jonathan Adler.

“Rises In The Minimum Wage Really Do Destroy Jobs”

A new study indicates that “a 30% rise in the minimum wage means that 1 million people lose either their jobs or even the opportunity to work.” [Tim Worstall, James Pethokoukis] This and all other studies should be taken with caution, of course: “[We’ve] been talking about [it] confidently, as if we know for sure what will happen when these laws take effect. In fact, it’s very hard to study what happens when we raise the minimum wage.” [Megan McArdle] David Henderson on sneakily pro-union Los Angeles hotel minimum wage enactment [EconLib] Donald Boudreaux corrects The Guardian [Cafe Hayek] And Borderlands Books in San Francisco, threatened with closure after the city’s electorate voted in a minimum wage increase, may survive if it can get enough fans and customers to cover some of its costs in a sponsorship plan.