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France

It’s happening just as warned. Janet Fletcher at the Los Angeles Times:

…cheese counters could soon be a lot less aromatic, with several popular cheeses falling victim to a more zealous U.S. Food and Drug Administration. Roquefort — France’s top-selling blue — is in the agency’s cross hairs along with raw-milk versions of Morbier, St. Nectaire and Tomme de Savoie. …

Of course, French creameries haven’t changed their recipes for any of these classic cheeses. But their wheels are flunking now because the FDA has drastically cut allowances for a typically harmless bacterium by a factor of 10.

The new rules have resulted in holds even on super-safe Parmigiano Reggiano, and the risk of losing a costly shipment of a perishable commodity is likely to be enough to drive many European producers out of the market for export to America entirely. Highly praised artisanal cheese makers in the United States are facing shutdown as well. [Michael Gebert, Chicago Reader] Earlier on the FDA and cheese regulation here and, from Cato, here (2010 predictions, before FSMA passed), here, here, etc.

They told us this administration was going to be run by wine and cheese faculty liberals. Now where are they when they could actually do us some good?

Related, note that the regulatory pressure is coming from both sides of the Atlantic: “Newsweek: French cheesemakers crippled by EU health measures” [Cheese Notes, with discussion of role of giant manufacturers whose processed cheese operations can comply with the rules] (& welcome The Week, Reason readers; cross-posted at Cato at Liberty)

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Food roundup

by Walter Olson on July 24, 2014

“A French judge has ruled against a blogger because her scathing restaurant review was too prominent in Google search results.” Caroline Doudet “was sued by the owner of Il Giardino restaurant in the Aquitaine region of southwestern France after she wrote a blogpost entitled ‘the place to avoid in Cap-Ferret: Il Giardino’”. [BBC]

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Margaret Ryznar at PrawfsBlawg:

…in France, there are almost no will contests brought on the grounds of a lack of capacity, fraud, or undue influence. In the United States, on the other hand, 3% and 5% of all wills executed will be contested, most commonly, on undue influence grounds. Why the difference?

Two elements of French law — mandatory shares for children and the role of specialized officers known as notaires who assist in document preparation — would be hard to duplicate here. Another institutional step that might reduce the incidence of costly probate struggles, however, would be to adopt (as three states have) what is known as antemortem probate, a right of testators to go to court during their lifetime seeking to have their testaments validated against challenge. “The proceeding allows judicial evaluation of the testator’s capacity, intent, and freedom from undue influence or fraud during the testator’s lifetime, which has the obvious benefit of the presence of the testator at the proceedings.”

It seems, however, that the antemortem probate procedure is seldom used in the American states where it is available. (Nor are official registries of wills, another aspect of the French system Ryznar describes as “easily adoptable” here and indeed in effect in some states.) Is the process going unused mostly because of unfamiliarity, or because persons whose estates will end up being contested on grounds of undue influence do not commonly recognize that? Or are there other reasons the procedure might be unpopular, such as an unwillingness to offend family members who are getting less than they might like?

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March 5 roundup

by Walter Olson on March 5, 2014

  • U.S. Commission on Civil Rights commissioners Gail Heriot, Peter Kirsanow: Administration’s new policy on race and school discipline likely to make schools more chaotic [Robby Soave, Daily Caller, 2011 related, earlier here, etc.]
  • French court: fan club members suffered legally cognizable emotional damage from Michael Jackson’s death [Lowering the Bar, earlier]
  • “The Newkirk incident demonstrates why cameras in the courtroom are a bad idea” [James Taranto, includes bonus New York Times disgrace]
  • Claim: advocates stymied firearms research over most of past two decades. Accurate? [Fox News]
  • Another look at the CPSC’s war on former Buckyballs CEO Craig Zucker [Jim Epstein, Reason, earlier]
  • Chris Christie use of monitorships in white-collar prosecutions draws renewed scrutiny [New Republic, earlier]
  • In which I am included in a list with George Will and Heather Mac Donald, all very flattering etc. etc. [Charles C. W. Cooke, NRO]
  • D.C.: disbarred lawyer sat for years as workers comp judge [Washington City Paper]
  • “German home-school family won’t be deported” although Supreme Court declines to hear asylum appeal [AP; discussion in comments earlier]

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Stewart Baker is running a year-end contest to name the most regrettable uses of privacy law over the past year. Among his nominations: the “Agriculture Department, which cited privacy grounds in refusing to name any of the beneficiaries of the notoriously fraud-ridden ‘Pigford‘ settlement”; Health and Human Services Secretary Kathleen Sebelius, who imposed millions of dollars in fines on private health companies for lacking adequate technical controls on the privacy of health data, “even when there was no evidence that any data had been compromised,” at the same time as her own department was launching healthcare.gov, a data intake site with much more critical privacy and safety flaws; racing mogul Max Mosley, who prevailed on a French court to order Google to de-index scandal coverage of Mosley’s recreational indiscretions; and federal judge Lucy Koh, for finding Gmail’s business model potentially violative of wiretap laws. All the examples above were winners in their categories, save Mosley who trailed behind two others in the category “Worst Use of Privacy Law to Protect Power and Privilege.”

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“French officials have fined a pub in Brittany €9,000 for “undeclared labour” after a customer returned some empty glasses to the bar. For customers at the Mamm-Kounifl concert-café in Locmiquélic, carrying drinks trays and used glasses back to the bar was a polite tradition.” [Independent]

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Free speech roundup

by Walter Olson on December 19, 2013

  • After Rolling Stone interview comments on race in America, Bob Dylan hit with hate speech proceeding in… France? [Popehat]
  • “The Buckyballs Guy Is Suing the Feds Over Free Speech” [Bloomberg BusinessWeek]
  • “Reconsidering Citizens United as a Press Clause Case” [Michael McConnell, YLJ via Volokh] “Freedom for the Press — Protection for an Industry/Profession, or for All Users of a Technology?” [Eugene Volokh, more]
  • Liability for content posted by third parties? “Ex-cheerleader’s defamation suit puts Internet giants on edge” [CBS News]
  • Forced expression tramples freedom: Cato asks SCOTUS to review ruling against New Mexico wedding photographer [Ilya Shapiro, earlier here, etc.] Related: Mike Masnick questioning why the ACLU is on the wrong side, a topic I’ve covered here too;
  • “Three puzzling things about NYT v. Sullivan” [Len Niehoff, Communications Lawyer]
  • “Why can’t we admit we’re scared of Islamism?” [Nick Cohen, Spectator]

Free speech roundup

by Walter Olson on July 31, 2013

  • “Bryon Farmer of the Blackfeet Tribe Jailed For Talking About Corruption In Tribal Government” [Ken at Popehat] “Popehat Signal: Vengeful AIDS Denialist Sues Critic In Texas” [same]
  • Persons with federal government contracts can’t give to federal candidates or parties. Too broad? [Ilya Shapiro and Trevor Burrus, Cato]
  • “Together at last! ‘Some US conservatives laud Russia’s anti-gay bill.’” [@jon_rauch on Associated Press re: "propaganda" measure]
  • More on Second Circuit decision ruling scientific conclusions akin to protected opinion for defamation purposes [Digital Media Law Project, earlier]
  • San Antonio bars appointment to its city boards and commissions of anyone who has ever said anything demonstrating bias “against any person, group or organization on the basis of race” or various other protected categories [Eugene Volokh]
  • Cincinnati Bengals cheerleader wins defamation suit holding gossip site operator liable for user comments [Sporting News] Michigan: “Ionia newspaper editor files defamation suit against critics” [MLive, Popehat with a critical view, update at Popehat following dismissal]
  • “Hate speech” at issue: “Twitter releases users’ identities to French authorities after tough legal battles.” [JOLT]

Food roundup

by Walter Olson on June 19, 2013

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“A law working its way through [the French] parliament would grant amnesty to workers who have ransacked their company’s offices or threatened their bosses during a labor dispute.” [USA Today via Jon Hyman]

  • Seventh Circuit upholds Wisconsin Gov. Scott Walker’s public sector labor law reform [Milwaukee Journal-Sentinel]
  • In theory, California workers fired for cause aren’t entitled to unemployment compensation. In practice… [Coyote]
  • Comstockery meets occupational licensure: how New York’s Cabaret Law tripped up Billie Holiday [Bryan Caplan]
  • New Jersey lawmakers move to cut nonunion workers out of Hurricane Sandy recovery jobs [Jersey Journal]
  • Cheer up, plaintiff’s bar, you’re doing very well these days out of FLSA wage-and-hour actions [Max Kennerly]
  • Back to “spiking”: “CalPERS planning to gut a key cost-control provision of new pension law” [Daniel Borenstein, Contra Costa Times] When government negotiates with public sector unions over pay, the process should be transparent to taxpayers and the public [Nick Dranias, Goldwater Institute]
  • Sacre bleu! Labor law reform reaches France [NYT]

Aux armes, old Citroëns!

by Walter Olson on December 5, 2012

The Mayor of Paris proposes banning vehicles made before 1997 [NYT via Amy Alkon]

I’ve expanded into a longer Cato post my item about how (according to the New York Times) incoming French president François Hollande demanded and got the dismissal of the editor of Le Figaro, the leading opposition (conservative) newspaper. If you think such things would never happen in this country, you might want to catch up on a couple of stories from Chicago and Boston. The post is here.

P.S. They’re still fighting in Washington over media cross-ownership rules.

Incoming Socialist president François Hollande demanded and received the dismissal of the editor of Le Figaro, the country’s top conservative newspaper, whose owners have military-contracting interests and must cultivate the goodwill of the state. [Scott Sayare, New York Times]

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Free speech roundup

by Walter Olson on September 20, 2012

  • Already firebombed once: “Satirical French Magazine Publishes Caricatures Of Mohammed, White House Rebukes.” [Mediaite] More calls for punishing makers of anti-Muslim YouTube video for supposed incitement [Ann Althouse on Sarah Chayes, earlier here and here; also, the late Christopher Hitchens on "fire in a crowded theater" arguments] “The people who instigate these protests seek a very particular goal: an extension of Egyptian and Pakistani style blasphemy laws into the West.” [David Frum]
  • “$60,000 Verdict for Blogging the Truth About A Person Intending to Get Him Fired – Reversed” [Volokh]
  • Judge closes probe of opinion-maker influence in Google-Oracle battle [The Recorder, earlier]
  • Weight-loss device promoter files, then drops suit against Public Citizen, consumerist website Fair Warning [Paul Alan Levy, Fair Warning]
  • “How Ag Gag Laws Suppress Free Speech and the Marketplace of Ideas” [Baylen Linnekin, earlier here, etc.]
  • Big government Republicans in charge: “GOP Platform Changed To Now Target All Forms Of Pornography” [Andrew Kirell, Mediaite; Volokh]
  • Missouri activist starts website criticizing local cops and soon the department’s halls display what looks very much like a “Wanted” poster of him [Eapen Thampy, Agitator]

Food roundup

by Walter Olson on September 11, 2012

  • Prop 37: Oakland Tribune thumbs down [editorial] “Natural” language a flashpoint [Glenn Lammi, WLF] Earlier here, here;
  • “Danish government may scrap its ‘fat tax’ after only one year because it simply doesn’t work” [Mark J. Perry, AEIdeas]
  • “Mouse in Mountain Dew saga comes to an end” [Madison County Record, earlier]
  • Food safety and local producers: “FDA Rules Won’t Work, Will Harm Small Farmers” [Ryan Young, CEI] “How Farmers’ Markets Dodged a Regulatory Bullet in Pennsylvania” [Baylen Linnekin, Reason]
  • “On the roads, on the cheese board… many Europeans now have more freedom than Americans.” [Mark Steyn]
  • Mayor Bloomberg extends his healthy-beverage solicitude to the youngest consumers [Steve Chapman]
  • In France, raw milk in vending machines [Mark Perry] FDA ban on interstate shipment of raw milk dates back to lawsuit by Public Citizen’s Sidney Wolfe [Linnekin]

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The French town of Angers might be 500 or so years too late, though. It asks a bit hopefully for the British crown jewels as compensation. [Lowering the Bar]

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