Posts Tagged ‘Colorado’

The reach of civil RICO

My new post at Cato describes how a pro-Drug-War group is using civil RICO to go after banks, bonding companies, landlords, and other commercial vendors that do business with marijuana facilities legalized under Colorado’s Amendment 64. Whatever you think of the underlying Colorado law, RICO (I argue) puts too much power in the hands of bounty-hunting private lawyers. More: Josh Blackman.

May 27 roundup

  • All aboard! “Louisiana AG hires nine private law firms, 17 attorneys for federal antitrust pharmaceutical lawsuit” [Legal NewsLine]
  • National Association of Insurance Commissioners has, and exploits, legally privileged status as collector of insurance data. Time for open access [Ray Lehmann]
  • Europe’s antitrust charges against Google remind us of “the poverty of the standard antitrust doctrine” [Pierre Lemieux]
  • Court blasts Morrison Foerster for ‘nonsensical’ legal theories and ‘carnival fun house’ arguments [ABA Journal]
  • “Trolls aren’t the primary problem with the patent system. They’re just the problem Congress is willing to fix.” [Timothy Lee, Vox] What makes you think lawyers and rent-seekers aren’t going to turn “patent reform” to their own purposes? [Mark Mills]
  • “It only goes that one direction, too.” Rachel Maddow recognizes the fairness problem with one-way fee shifting, this one time [Huffington Post on pro-defendant Colorado firearms law]
  • CPSC still going after Zen Magnets, which isn’t backing down [Nancy Nord, earlier]

Children and schools roundup

  • Story of free-range Meitiv kids goes national, cont’d: “Bystanders are forced [sic] to step in and enforce discipline because the parents aren’t around.” [Slate via @bibliographing] Yes, the cited “National Association to Protect Children” is a real group, I looked it up [Washington Jewish Week] “Epidemic of moms getting arrested for leaving children in car 5 mins to run into store.” [Kim Brooks, Salon via @Lorettamalakie]
  • What got buried in a WaPo column arguing that standardized tests for schoolkids are “a civil right.” [Ann Althouse] Testing issue allows teachers’ unions to make friends on the conservative side [NYT via same]
  • Legal costs exceed $100 per student at some Chicago-area public schools; $23 billed for one lawyer’s phone message [Tribune via ABA Journal]
  • Maintenance of Effort laws, meant to insulate school budgets against local voter control, might backfire [Free State Notes post by me, channeling my letter to the editor]
  • A dissent on liberalizing school discipline policies [Paul Sperry, New York Post]
  • Colorado school shootings: why is GOP leading push for emotion-driven, public-fisc-endangering lawsuits? [John Frank, Denver Post]
  • Expensive new playground mandates [Paul Best and Lenore Skenazy, more from Skenazy, Tim Gill via Common Good]

Colorado yoga teacher training

“It’s fairly stunning that the chief regulator at the state’s Division of Private Occupational Schools is a part-time instructor for a chain of yoga studios at the time she is advocating for more regulation of yoga teacher-training studios that are essentially the chain’s competitors.” But with occupational licensure, conflict of interest comes with the territory, and this Colorado episode is no exception [Denver Post editorial]

January 29 roundup

  • Bi-counsel-ar? “Lawyer Defending Congressman’s Wife in Bigamy Case Accuses Client of Having a Second Lawyer” [Slate]
  • “Why tort liability for data breaches won’t improve cybersecurity” [Stewart Baker]
  • Pennsylvania passes a new gun law, and suddenly liberal standing with attorney fee shifting stops being the progressive position [Harrisburg Patriot-News]
  • “Letting a case die like a pet rat forgotten in the garage” [Ken at Popehat on Todd Kincannon challenge to South Carolina state bar discipline threats]
  • Getting to it late: hour-long Cato podcast with Randy Barnett on his book Structure of Liberty including Aaron Ross Powell, Trevor Burrus;
  • Once a fun party town, New Orleans now will ban vaping in private clubs and while waiting in line at drive-throughs [Christopher Fountain, Ronald Bailey on vaping bans and public health] More: Bailey on exaggeration of risks, Jacob Sullum on California proposal;
  • Colorado legislature looks serious about tackling liability reform [Denver Business Journal]

“Shall guarantee to every State …a Republican Form of Government”

No, the Constitution’s Article 4, Section 4 “Republican form of government” clause doesn’t forbid the voters of Colorado from enacting a ballot measure (the “Taxpayer Bill of Rights,” or TABOR) that bars representatives from raising taxes without permission of a popular plebiscite [Ilya Shapiro and Julio Colomba, Cato, SCOTUSBlog, earlier]

Free speech roundup