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guns

Oh, Mayor Bloomberg, you’ve gone and done it again.

P.S.: “The fact that they brushed us off really worked in our favor.” How well-roaded Pueblo, Colo. sent Bloomberg’s minions packing.

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July 3 roundup

by Walter Olson on July 3, 2014

  • As Brooklyn changes, so do its juries: “more sophisticated people… they don’t believe [plaintiffs] should be awarded millions of dollars for nothing.” [NY Post quoting plaintiff's lawyer Charen Kim]
  • Richard Epstein: Massachusetts buffer zone statute “should have been upheld, not struck down” [Hoover Institution, earlier on McCullen v. Coakley, my related comment]
  • “Runners” as in client-chasing for injury work: “Arkansas AG Files Suit Against Chiropractic ‘Runners’” [AP]
  • Fox, henhouse: 2012 law says local transit agencies must sit on boards helping set their own funding [Randal O'Toole, Cato]
  • No-good, terrible, really bad idea: occupational licensure for software professionals [Ira Stoll]
  • More proliferation of legally required video surveillance [Volokh; guns, cellphone sales]
  • How do you expect the IRS to back up headquarters emails when we throttle its IT budget down to a mere $2.4 billion? [Chris Edwards, Cato]

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The vote, which has occasioned little notice thus far in the press, took place on a proposed amendment brought to the House floor by Rep. Blane Luetkemeyer (R-Missouri) and co-sponsored by three Democratic members (Cardenas, Hastings, Perlmutter) as well as two other Republicans (Mulvaney, Yoder) [Kelly Riddell, Washington Times] The investigation by Rep. Issa’s committee released last week capped a steadily mounting furor, starting among groups like payday lenders experiencing reduced access to the banking system but spreading to various “vice” businesses and the firearms community — assuming the administration is still distinguishing the latter from the former. Earlier here, here, here, etc.

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Report from Rep. Darrell Issa’s oversight committee blasts Operation Choke Point [The Hill, earlier here, here]

P.S.: More from Todd Zywicki at Volokh and Glenn Reynolds at USA Today; and earlier from American Banker and from the Washington Times (gun dealers say Operation Choke Point, FDIC guidelines squeezing their access to banks)]

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  • Boston’s North End, the home-as-one’s-castle doctrine, and how we got the Fourth Amendment [Ted Widmer, Globe]
  • NYT sniffs at Origination Clause as basis for ObamaCare challenge, but many framers of Constitution saw it as vital [Trevor Burrus, Forbes; Ilya Shapiro; four years ago on another Origination Clause episode]
  • Justice Scalia, concurring in Schuette, knocks the fabled Carolene Products footnote down a peg [Michael Schearer]
  • SCOTUS lets stand New Jersey’s very extreme gun control law. Was it serious about reviving the Second Amendment? [Ilya Shapiro]
  • Didn’t link this earlier: Kenneth Anderson discusses his excellent Cato Supreme Court Review article on Kiobel, the Alien Tort case [Opinio Juris]
  • Kurt Lash guestblogs on 14th Amendment privileges and immunities clause [Volokh Conspiracy]
  • Supreme Court reviving law/equity distinction? (Hope so.) [Samuel Bray, SSRN via Solum]

ReportSpeechPoster The Kansas Board of Regents has adopted a broad new policy barring employees, including faculty, from “improper use of social media,” which include content that “impairs … harmony among co-workers” or is “contrary to the best interests of the university,” with some narrow exceptions such as “academic instruction within the instructor’s area of expertise (emphasis added)” The Foundation for Individual Rights in Education, among other groups, have argued that the new policy “authorizes punishment for constitutionally protected speech, and … leaves professors unsure of what speech a university might sanction them for,” the result being a chilling effect on both free speech and academic freedom [FIRE, NPR]. The policy was adopted at the behest of critics of one professor’s controversial anti-gun tweet, and Charles C.W. Cooke at NRO says conservative regents should have been among the first to realize that professor-muzzling is not the way to respond.

KSU’s Dan Warner did a series of posters (Creative Commons permissions) skewering the new policy, including the one above; more on that here.

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Maryland roundup

by Walter Olson on May 17, 2014

  • Civil libertarians won victories last term in restraining open-ended use of police surveillance, search and seizure: access to emails and social media postings older than six months will now require warrant, as will location tracking; new restrictions also placed on use of automatic license plate reading system data [ACLU 2014 policy report]
  • Bill that would have banned weapons on private school grounds, whether or not the school itself had objection, failed to make it out of committee [SB 353, earlier here, here]
  • Judge overturns state union’s takeover of Wicomico County teacher’s association [Mike Antonucci, more]
  • Vague definitions of “trafficking” + asset forfeiture: what could go wrong with Del. Kathleen Dumais’s plan? [Reason, WYPR "Maryland Morning", more (legislative agenda of "trafficking task force")]
  • In his spare time, Maryland Commissioner of Labor and Industry Ronald DeJuliis apparently likes to engage in urban beautification of the sign removal variety [Baltimore Sun, Quinton Report, Daily Record (governor's office considers criminal charges against appointee "personal" and relating to "after hours")]
  • Behind the controversy over Rockville firearms dealer’s plan to offer “smart gun” [David Kopel]
  • Baltimore tightens curfew laws, ’cause criminalizing kids’ being outside is for their own good [Jesse Walker, followup]
  • In Montgomery County, police-union demands for “effects bargaining” were a bridge too far even for many deep-dyed liberals, but union hasn’t given up yet [Seventh State]

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“The fencing club at North Dakota State University cannot hold practices on campus as a result of the school’s weapons policy, Campus Reform reported.” [University Herald; Valley News Live (Fargo/Grand Forks)]

Also, note the ambiguity of the next line, “Members of the newly formed club said that despite having no pointed tips or sharp blades, the school classifies the club’s equipment as weapons.” It sounds as if the school administration itself is being described as “having no pointed tips or sharp blades,” which might be a version of “not the sharpest knife in the drawer.”

More: Scott Greenfield, who has a family connection with the sport of fencing.

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“It’s Doctors’ Duty to Promote Gun Safety With Patients” [Art Caplan, Medscape via Bill of Health] Next step: giving patients a hard time about kitchen or camping knives? [A. Barton Hinkle]

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I’ve got a write-up at Cato at Liberty about the federal government’s massive, SWAT-like occupation of the rural Indiana property of Don Miller, a celebrated 91-year-old local collector who has traveled the globe and whose impressive collection of world and Indian artifacts “was featured in a four part series in the Rushville Republican.” Under various treaties and federal laws, mostly dating to relatively recent times, the federal government now deems ownership of many antiquities and Native American artifacts to be unlawful even if collectors acquired them in good faith before laws changed. [WISH (TV), Indianapolis Star, The Blaze.] More: coverage in two more outlets with a flavor very different from each other, Shelby County News (FBI source stresses Miller’s cooperativeness and suggests federal actions were wtih his consent or even at his behest) and National Public Radio (“seized,” “confiscated”)

Related: Richard Epstein at Hoover on Obama Administration plans to prohibit selling your family’s vintage piano or moving it across a state line. And aside from ivory chess sets, the nascent War on Antiques might take a toll of replica firearms [Washington Times]

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That was in happier days, when California State Sen. Leland Yee was winning national applause for his gun-control efforts. Yesterday the San Jose Mercury-News reported:

In a stunning criminal complaint, State Sen. Leland Yee has been charged with conspiring to traffic in firearms and public corruption as part of a major FBI operation spanning the Bay Area. … Yee asked whether he wanted automatic weapons, and the agent confirmed he did — about $500,000 to $2.5 million worth.”

Is it time to retire our “Do as we say” tag yet? Eliot Spitzer got exposed after crusading for longer sentences for “johns.” Czars of alcohol-abuse programs keep getting nabbed on the road after having a half dozen too many. Rep. Bob Filner groped his way to the podium to chair hearings on women’s issues.

Now there’s this. Maybe Sen. Yee came down so hard on private gun dealers because he wanted to muscle into the business himself.

The entire criminal information, which beggars belief in its colorful detail (Chinese gangs, Russian arms runners, Muslim insurgents in the Philippines) is here, with highlights summarized by Scott Lucas of San Francisco magazine. The San Francisco Chronicle editorialized: “Few observers of San Francisco politics are surprised by [Yee's] arrest on corruption charges.” Then there’s this sidelight: “Keith Jackson, accused by the FBI on Wednesday of being involved in a murder-for-hire scheme and a gun- and drug-trafficking conspiracy, was San Francisco’s top elected educator during the late 1990s.” [San Francisco Chronicle]

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Maryland roundup

by Walter Olson on March 22, 2014

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Decent articles on Stand Your Ground in the general press are relatively few, being far outnumbered by those that are sensationalist, axe-grinding or simply uninformed. So it’s nice to be able to recommend this one by Peter Jamison in the Tampa Bay Times [via Jacob Sullum].

In other news, a United Nations panel in Geneva monitoring compliance with international human rights law has questioned a wide range of United States domestic policies, including some states’ adoption of Stand Your Ground as well as lack of gun control and other offenses. “The committee is charged with upholding the International Covenant on Civil and Political Rights (ICCPR), a UN treaty that the US ratified in 1992.” Another reminder that treaties have consequences, and that ratification of other purported human rights treaties, such as the Convention on the Rights of Persons With Disabilities (CRPD), would not be without public consequences relating to many domestic policies. [Guardian]

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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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Maryland roundup

by Walter Olson on February 22, 2014

  • Reminder: SB 353, which would ban bringing of knives and other weapons onto private school property whatever the school’s wishes, up for hearing at 1 p.m. Wed. Feb. 26 [text, Senate, related Virginia] With Ninth Circuit’s Peruta decision, Maryland now one of only six holdout states to resist any recognition of gun carry rights [David Kopel]
  • Slew of labor proposals moving through Annapolis would require employers to offer paid sick leave, push unionization on community college employees, and require employers to pay interns’ transportation costs. Study finds boosting state’s minimum wage would cost jobs [WaPo]
  • Supremely irresponsible: state already hobbled by nation’s slowest foreclosure process, but NAACP, Casa de Maryland and Legislative Black Caucus demand six-month foreclosure moratorium on top of that [Washington Post; earlier on Maryland foreclosure law here, here (couple spends five years in million-dollar home without making mortgage payment), here, etc.]
  • Review of recent developments in asbestos litigation in the state [Lisa Rickard, Chamber Institute for Legal Reform]
  • Goodbye to another Free State tradition? Senate votes ban on sale of grain alcohol, with urging from Johns Hopkins Bloomberg nanny crew [Washington Post]
  • Just say no to the Maryland Small Business Development Financing Authority [Mark Newgent, Baltimore Sun]
  • Sen. Zirkin “litigates dog-bite cases on behalf of plaintiffs” and is player on dog bite bill [Insurance Journal]

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  • After criticism of heavy-handed Ankeny, Iowa police raid on persons suspected of credit card fraud, not actually reassuring to be told militarized methods needed because one house occupant had firearms carry permit [Radley Balko, more, more]
  • Advocates strain mightily to fit unpopular Dunn verdict into Stand Your Ground theme [David Kopel, Jacob Sullum] More: sorry, pundits, but Rasmussen poll shows public’s plurality SYG support unshaken [Althouse]
  • “‘Drop the Cabbage, Bullwinkle!’: Alaskan Man Faces Prison for the Crime of Moose-Feeding” [Evan Bernick, Heritage] “Criminalizing America: How Big Government Makes A Criminal of Every American” [ALEC "State Factor"]
  • “We’ve also bred into dogs … an eagerness to please us.” Bad news for K-9 forensics [Balko]
  • “Has overcharging killed the criminal trial?” [Legal Ethics Forum] Is the “trial penalty” a myth? [David Abrams via Dan Markel, Scott Greenfield]
  • What if cops, as opposed to, say, gun owners, were obliged by law to purchase liability insurance? [Popehat]
  • That’s productivity: North Carolina grand jury managed to crank out roughly one indictment every 52 seconds [Tim Cushing, TechDirt]

I’ve got a post at Cato at Liberty on today’s big decision in Peruta v. County of San Diego, in which a Ninth Circuit panel struck down a licensing scheme under California law in which even persons with legitimate self-defense concerns were unable to get permission to carry handguns outside the home.

More from David Kopel and Eugene Volokh on how “today’s decision creates a split of the Seventh and Ninth Circuits vs. the Second, Third, and Fourth Circuits,” on the court’s reasoning on open vs. concealed carry (an individual right to bear implies that at least one of the two must be allowed), and on how the substantial majority of states already have laws according respect to the freedoms at issue here (& welcome Jim Geraghty/NRO readers; I was also a guest on the Michael Graham Show Friday afternoon to discuss the ruling).

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Maryland roundup

by Walter Olson on February 8, 2014

  • Hearing set for February 26 on bill to ban knives and other weapons from private school parking lots and other property [Maryland Legislative Watch]
  • Bill would join Ohio in banning hidden compartments in cars, but one legislative sponsor withdraws it following public outcry [MLW]
  • Minimum wage a poor way to support working families [Todd Eberly]
  • Italian-based gunmaker Beretta: “Maryland disrespects us and gun owners, so we expand in Tennessee” [Ugo Gussalli Beretta, Washington Times]
  • Would a per-bird environmental tax, as proposed by two Montgomery County lawmakers, drive chicken farming out of the state? [DelmarvaNow, followup (governor pledges veto)]
  • “The Parallel Failures of the Oregon and Maryland Health Exchanges” [Peter Suderman, Reason]
  • State has resisted general tide toward dramshop (alcohol server) liability for misdeeds of drunken patrons; bill in Annapolis would change that [MLW, earlier]

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