Overlawyered » alcohol http://overlawyered.com Chronicling the high cost of our legal system Fri, 31 Oct 2014 19:40:27 +0000 en-US hourly 1 http://wordpress.org/?v=4.0 More on that California college sex law http://overlawyered.com/2014/10/tipsy-encounters-california-campuses/ http://overlawyered.com/2014/10/tipsy-encounters-california-campuses/#comments Thu, 02 Oct 2014 12:28:13 +0000 http://overlawyered.com/?p=48582 Hans Bader has some clarification on one issue on which there’s been widespread confusion, on which the California law does not go to the extreme some would have liked [San Francisco Chronicle letter to the editor; earlier]: “New law redefines consent at college” (Sept. 29) claimed that California’s new “affirmative consent” law regulating college sex […]

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Hans Bader has some clarification on one issue on which there’s been widespread confusion, on which the California law does not go to the extreme some would have liked [San Francisco Chronicle letter to the editor; earlier]:

“New law redefines consent at college” (Sept. 29) claimed that California’s new “affirmative consent” law regulating college sex “says that a person cannot give consent if they are intoxicated.” But it does not say this. What it actually says is that “consent” is absent when “the complainant was incapacitated” due to alcohol.

Most intoxicated people are not legally deemed “incapacitated” and can consent, as law professor Anne Coughlin and the Foundation for Individual Rights in Education have noted.

Many happily married people have sex after drinking. While some liberal Democrats who sponsored SB967 wanted to ban sex between intoxicated people, the final version of the bill does not do so.

Admittedly, the new law is disturbingly vague in other ways. Its co-sponsor, Assemblywoman Bonnie Lowenthal (D-Long Beach), said, “Your guess is as good as mine,” when asked how an innocent person could prove “affirmative” consent.

Hans Bader, Washington, D.C.

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“California Destroys Winery Over Use of Volunteers” http://overlawyered.com/2014/09/california-destroys-winery-use-volunteers/ http://overlawyered.com/2014/09/california-destroys-winery-use-volunteers/#comments Fri, 19 Sep 2014 11:48:06 +0000 http://overlawyered.com/?p=48316 “California has a state law that prohibits for-profit companies from using volunteer labor.” That spelled doom for little Westover Winery in Castro Valley, which cleared around $11,000 in profits a year for its owning couple and used unpaid volunteers, many of them amateurs who wanted to learn the wine business. The state hit the business […]

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“California has a state law that prohibits for-profit companies from using volunteer labor.” That spelled doom for little Westover Winery in Castro Valley, which cleared around $11,000 in profits a year for its owning couple and used unpaid volunteers, many of them amateurs who wanted to learn the wine business. The state hit the business with $115,000 in fines and wiped it out, to the unhappiness of some of the displaced volunteers. [Scott Shackford, Reason; Rebecca Parr, Daily Review/San Jose Mercury News] More: A Debra Saunders column. And I mention this episode, along with the one linked below about a California law combating off-books contractors, in a new Cato post about how licensed and compliant businesses often support making government more powerful and invasive so as to go after the other kind.

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Alcohol roundup http://overlawyered.com/2014/08/alcohol-roundup/ http://overlawyered.com/2014/08/alcohol-roundup/#comments Fri, 22 Aug 2014 04:05:43 +0000 http://overlawyered.com/?p=47749 David Henderson has been blogging excerpts from Dan Okrent’s book on Prohibition, Last Call, including one on the origins of “Raines Law hotels” [Econlog] Also, the “law-abiding” kind of speakeasy; and would polite opinion today, as it did in the 1920s, assail Prohibition enforcement as draconian and intrusive? Obstacles to craft brewing [Matthew Mitchell, Christopher […]

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  • David Henderson has been blogging excerpts from Dan Okrent’s book on Prohibition, Last Call, including one on the origins of “Raines Law hotels” [Econlog] Also, the “law-abiding” kind of speakeasy; and would polite opinion today, as it did in the 1920s, assail Prohibition enforcement as draconian and intrusive?
  • Obstacles to craft brewing [Matthew Mitchell, Christopher Koopman, Mercatus; Michelle Minton/DC Beer]
  • SwissBeerCoasterFlickr

  • Brown U. professor Dwight Heath on why drinking age should be lowered [WJAR]
  • Feds go after hobby distillers [Jacob Sullum]
  • When a liquor license sells for $425,000, as happened in Boston recently, it’s become virtually a taxi medallion [Ira Stoll]
  • Maryland grain alcohol ban tripped up violin restorers, cake pros, craft bitters folk. Gee thanks, Johns Hopkins Bloomberg School of Public Health [WaPo] Much more about the center’s anti-alcohol crusader, David Jernigan [my Free State Notes] Tax dollars have enabled his crusades [Michelle Minton, Baltimore Sun]
  • Profile of obscure Treasury Department official who “approves essentially every beer label in the United States” [Tim Mak, Daily Beast; coaster image, Flickr user Roger Wollstadt]
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    “The Evangelical Origins of the Living Constitution” http://overlawyered.com/2014/07/evangelical-origins-living-constitution/ http://overlawyered.com/2014/07/evangelical-origins-living-constitution/#comments Thu, 17 Jul 2014 12:39:22 +0000 http://overlawyered.com/?p=47129 George Leef reviews a new book by John Compton, political scientist at Chapman University, on how evangelical anti-vice campaigns against gambling, liquor and other social ills helped undermine the Constitution’s curbs on centralized power, paving the way for later Progressive gains. The tension between moral reformers who insisted on a virtually unlimited view of the […]

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    George Leef reviews a new book by John Compton, political scientist at Chapman University, on how evangelical anti-vice campaigns against gambling, liquor and other social ills helped undermine the Constitution’s curbs on centralized power, paving the way for later Progressive gains.

    The tension between moral reformers who insisted on a virtually unlimited view of the “police powers” of government (i.e., to regulate in ways intended to protect the health and morals of the citizenry) and the Constitution’s framers, who feared the results of allowing factions to use government power for their ends, was crucial in shaping constitutional law during the 19th and early 20th centuries.

    The book shows that by the time the New Deal’s aggressive expansions of federal power came before the Supreme Court, its earlier decisions in favor of approving legislation against liquor and lotteries had so undermined the defenses of property rights, contract, and federalism that it was nearly inevitable that the Court would cave in.

    For example, when the Court decided the 1934 case of Blaisdell v. Savings and Loan, gutting the former understanding of the impairment of contracts clause, Chief Justice Charles Evans Hughes cited an earlier decision on interstate shipment of lottery tickets which had acquiesced in a new extension of the police power, on the grounds that a previously sacrosanct constitutional barrier could be “qualified” when a state needed to “safeguard the interests of its people.” [Forbes]

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    “The six states where you can’t buy alcohol today” http://overlawyered.com/2014/07/six-states-cant-buy-alcohol-today/ http://overlawyered.com/2014/07/six-states-cant-buy-alcohol-today/#comments Fri, 04 Jul 2014 15:51:25 +0000 http://overlawyered.com/?p=46907 Montana, North Carolina, Oklahoma, Pennsylvania, Tennessee, and Utah ban package sales on Independence Day. [Reid Wilson, Washington Post] Whether or not you live in one of those states, have a happy Fourth of July. Tweet Tags: alcohol, Christmas and other holidays

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    Montana, North Carolina, Oklahoma, Pennsylvania, Tennessee, and Utah ban package sales on Independence Day. [Reid Wilson, Washington Post] Whether or not you live in one of those states, have a happy Fourth of July.

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    Food roundup http://overlawyered.com/2014/06/food-roundup-17/ http://overlawyered.com/2014/06/food-roundup-17/#comments Mon, 16 Jun 2014 04:05:27 +0000 http://overlawyered.com/?p=46143 The federal school lunch initiative as experienced by school districts in rural New York [Sarah Harris, North Country Public Radio] Europe’s Ugly Fruit movement wants to reclaim for consumers tons of food rejected for appearance, sometimes by marketers and sometimes by regulators [NYT] Expect uptick in food labeling suits after Supreme Court decision approving suit […]

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  • The federal school lunch initiative as experienced by school districts in rural New York [Sarah Harris, North Country Public Radio]
  • Europe’s Ugly Fruit movement wants to reclaim for consumers tons of food rejected for appearance, sometimes by marketers and sometimes by regulators [NYT]
  • Expect uptick in food labeling suits after Supreme Court decision approving suit in Pom Wonderful v. Coca-Cola [Glenn Lammi, WLF; FedSoc Blog; more, Mayer Brown]
  • “Biggest secret” of glutamic acid, of umami and MSG fame, “may be that there was never anything wrong with it at all” [BuzzFeed]
  • Cottage food win: New Jersey lawmakers unanimously back right to sell homemade goodies [Institute for Justice]
  • Celebrity-driven “Fed Up” film is “strident stalking-horse for a Bloombergian agenda” [Jeff Stier, Baylen Linnekin]
  • Young persons, especially college students, drink much more than they used to. Right? Wrong [Michelle Minton, Andrew Stuttaford]
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    New Delaware law allows alcoholic ice cream http://overlawyered.com/2014/05/new-delaware-law-allows-alcoholic-ice-cream/ http://overlawyered.com/2014/05/new-delaware-law-allows-alcoholic-ice-cream/#comments Fri, 30 May 2014 14:34:45 +0000 http://overlawyered.com/?p=46218 Works for me: “Started by Kathleen Belfont, Blotto Gelato is a small ice cream business that includes alcohol in all of its products. Belfont reached out to Sen. Ernie Lopez, R-Lewes, when she realized she could not get a liquor license.” [WBOC via Laura Collier] Tweet Tags: alcohol, Delaware

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    Works for me: “Started by Kathleen Belfont, Blotto Gelato is a small ice cream business that includes alcohol in all of its products. Belfont reached out to Sen. Ernie Lopez, R-Lewes, when she realized she could not get a liquor license.” [WBOC via Laura Collier]

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    Disabled rights roundup http://overlawyered.com/2014/05/disabled-rights-roundup-7/ http://overlawyered.com/2014/05/disabled-rights-roundup-7/#comments Fri, 09 May 2014 04:05:03 +0000 http://overlawyered.com/?p=45298 Blockbuster “web accessibility” issue, with potential for massive disruption of online life, continues to drag on without action in Washington despite urgings from academics; but at Ninth Circuit’s behest, California Supreme Court will decide whether state’s Disabled Persons Act covers websites [David Ettinger, Horwitz & Levy] More: Amy Alkon and commenters; Federal district judge (E.D.N.Y.), […]

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  • Blockbuster “web accessibility” issue, with potential for massive disruption of online life, continues to drag on without action in Washington despite urgings from academics; but at Ninth Circuit’s behest, California Supreme Court will decide whether state’s Disabled Persons Act covers websites [David Ettinger, Horwitz & Levy] More: Amy Alkon and commenters;
  • Federal district judge (E.D.N.Y.), suspecting foul play in multiple ADA filings, sends staff to investigate, but that’s a no-no as the Second Circuit reminds him [Josh Blackman]
  • Noting “continuing paranoia and obsession,” Vermont Supreme Court rebuffs bar applicant claiming discrimination on basis of mental illness [ABA Journal]
  • Just fine and dander: optician’s shop in suburban Detroit turns down worker’s request to bring service dog for generalized anxiety disorder, will pay $53,000 in settlement [EEOC]
  • Attack on “sheltered workshops” fits into multi-front effort to extend reach of federal wage-hour law: “Landmark DOJ settlement with RI provides road map to disability-law compliance for 49 other states” [ABA Journal]
  • Coalition politics counts: prominent disabled-rights groups [AAPD, DREDF, Bazelon Center, etc.] favor driving up cost of at-home attendants at expense of their own putative constituents [Benjamin Sachs, On Labor, on Harris v. Quinn amicus]
  • “Alcoholism and the ADA: Not as clear-cut as you think” [Dan Wisniewski, HR Morning, on Crosby v. F.W. Webb Co.] “Playing golf and having sex are major life activities under the ADA” [Eric B. Meyer]
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    Maryland roundup http://overlawyered.com/2014/05/maryland-roundup-15/ http://overlawyered.com/2014/05/maryland-roundup-15/#comments Sat, 03 May 2014 09:37:13 +0000 http://overlawyered.com/?p=45560 Correctional Officers Bill of Rights (COBR) of 2011, developing out of AFSCME efforts to defend prison guards in western Maryland, and role it played in Baltimore jail scandal. Vital reading [Charles Lane, City Journal, Sasha Volokh; earlier; related Kevin Williamson on incident at NYC's Riker's Island in which mentally ill inmate was permitted to roast […]

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  • Correctional Officers Bill of Rights (COBR) of 2011, developing out of AFSCME efforts to defend prison guards in western Maryland, and role it played in Baltimore jail scandal. Vital reading [Charles Lane, City Journal, Sasha Volokh; earlier; related Kevin Williamson on incident at NYC's Riker's Island in which mentally ill inmate was permitted to roast to death, responsible officer drawing 30-day suspension]
  • Narrowly defeated effort to enact state False Claims Act becomes issue in Senate GOP primary [Frederick News-Post, earlier here, here]
  • Citing federal guidelines, Howard County schools restrict special-event food [Ellicott City Patch]
  • Judge rebuffs lawsuit by Montgomery County police union seeking to invalidate legislative measures inconsistent with its contract [WaPo] County council race “a ‘battle royale’ between the government employee and school system unions” [Seventh State]
  • “Maryland Puts Up Roadblocks to Online Ed” which just happens to protect the state’s UMUC (University of Maryland University College) [The American Interest, Arnold Kling]
  • Will Montgomery County finally get out of the liquor distribution business? [Bethesda magazine]
  • And speaking of MoCo monopolies, its taxi near-cartel needs to go: “Uber provides a better service even without the regulation” [David Lublin, The Seventh State]
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    “This tyrannical infantilizing of young Americans must stop” http://overlawyered.com/2014/04/tyrannical-infantilizing-young-americans-must-stop/ http://overlawyered.com/2014/04/tyrannical-infantilizing-young-americans-must-stop/#comments Thu, 24 Apr 2014 17:19:05 +0000 http://overlawyered.com/?p=45458 “The age-21 rule sets the U.S. apart from all advanced Western nations and lumps it with small or repressive countries like Sri Lanka, Pakistan, Indonesia, Qatar, Oman and the United Arab Emirates. Congress was stampeded into this puritanical law by Mothers Against Drunk Driving.” — Camille Paglia in Time on why the national minimum drinking […]

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    “The age-21 rule sets the U.S. apart from all advanced Western nations and lumps it with small or repressive countries like Sri Lanka, Pakistan, Indonesia, Qatar, Oman and the United Arab Emirates. Congress was stampeded into this puritanical law by Mothers Against Drunk Driving.” — Camille Paglia in Time on why the national minimum drinking age law “must be repealed. It is absurd and unjust.” Related: “A drinking age of 21 infantilizes adults who are otherwise able to serve in the military, marry without permission, enter into business contracts, buy tobacco, vote and run for public office. It forces college administrators to be babysitters rather than educators. And it doesn’t achieve its stated goals.” ["ABC debacle should stir debate on Virginia’s drinking age," Rick Sincere, Richmond Times-Dispatch] Earlier here, here, here, etc. Plus: Relevant political thoughts from Glenn Reynolds last year.

    Related, if distantly: study in Britain finds liberalization of bar closing hours associated with decline in traffic accidents [Jeffrey Miron, Cato]

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