Posts tagged as:

Kansas

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Environmental roundup

by Walter Olson on March 26, 2014

  • Oklahoma attorney general goes to court claiming private litigant manipulation of endangered/threatened species petition process [Lowell Rothschild & Kevin Ewing; NPR "State Impact"; Oklahoman, auto-plays ad video; press release, Oklahoma AG E. Scott Pruitt; ESA Watch site from oil riggers; more on the topic]
  • New Yorker mag backs tale of frogs/atrazine researcher who claims conspiracy. Someone’s gonna wind up embarrassed [Jon Entine]
  • Does gas company lease of subsurface rights entitle it to seek injunction excluding protesters from ground level? [Paul Alan Levy]
  • California: “Abusive Coastal Agency Demands Even More Power” [Steven Greenhut]
  • Mr. Harris, you embarrass: “recreational burning of wood is unethical and should be illegal” [Sam Harris from 2012]
  • Harrisburg Patriot-News series on flood insurance [TortsProf, R Street Institute on recent bill]
  • Kansas, Louisiana, and Indiana named top states on property rights freedoms [Mercatus]

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Andrew Ujifusa at Education Week (“Kansas Ruling Fuels Debate on Adequacy of Funding”) quotes me:

But the union’s solution of significantly higher funding for schools isn’t the obvious or correct one to Walter Olson, a senior fellow at the Washington-based Cato Institute. In a March 10 blog post on the website of the libertarian think tank, Mr. Olson said that Kansas’ finance fight is just one piece of a larger strategy that seeks to “seize control of school funding” through the courts.

In the process, he argued in a subsequent interview, that movement is subverting representative democracy by ignoring what state legislators decide on K-12 funding.

“I see it as a way in which the educational establishment uses litigation to entrench itself against supervision by other branches of government and voters interested in cutting budgets,” Mr. Olson said.

I go on to discuss California’s Serrano v. Priest and its unexpected consequence, voters’ limitation of property taxes through Proposition 13. And this from Ben Wilterdink at American Legislator on the latest ruling:

Kansas has faced this problem before. In 2005 the State Supreme Court ordered Kansas to spend more on education. Kansas lawmakers complied, but now the Court is again ordering more spending. Kansas already spends more than 50 percent of its budget on K-12 education, and if this ruling stands, it will be forced to spend 62 percent of its budget on education. All of this is despite the fact that when measured against regional per-pupil spending, Kansas is funding education quite well.

Earlier here, etc.

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  • Nomination of David Weil as Labor Department wage/hour chief could be flashpoint in overtime furor [Terence Smith, Hill] Another reaction to President’s scheme [Don Boudreaux, Cafe Hayek, earlier here and here]
  • Oregon: longshoreman’s union says NLRB charges of blinding, threatened rape meant “to distract” [Oregonian]
  • Who thinks hiking the minimum wage would kill jobs? Company chief financial officers, to name one group [Steve Hanke, Cato]
  • Tourists’ casual naivete about union politics at NYC hotel made for tension, hilarity [How May We Hate You via @tedfrank]
  • Just for fun: Wichita business’s creative responses to union’s “Shame On…” signs reach Round 2 [Volokh on first round, Subaru of Wichita on second round]
  • Workers’ comp claims at government agencies in Maryland can be odd [Baltimore Sun via Jeff Quinton]
  • Are unions losing their grip on the California Democratic Party? [Dan Walters]

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Schools roundup

by Walter Olson on February 14, 2014

  • “Attorney parents of ‘mathlete’ lose again in legal battle over right to select son’s algebra teacher” [Martha Neil, ABA Journal, earlier]
  • One reason NYC doesn’t close schools amid brutal winter storms? They’ve got a food program to run [Business Insider; James Panero, NYDN]
  • Should Gov. Deval Patrick, CNN host Piers Morgan apologize to townspeople of Lunenburg, Mass.? [Chuck Ross, The Federalist]
  • Kansas school-finance suit tests whether litigators can end-run elected officials on taxes and spending [WSJ, compare Colorado]
  • Lenore Skenazy (who’ll speak at Cato Mar. 6) on the Wellesley “Sleepwalker” sculpture flap: “Once we equate making people feel bad with actually attacking them, free expression is basically obsolete” [WSJ]
  • “School Found Liable After Child Sneaks Onto Roof And Falls” [Erik Magraken; British Columbia, Canada]
  • National Research Council issues report on Institutional Review Boards (IRBs) [Zachary Schrag first, second, third, fourth posts]
  • Vergara v. California: notwithstanding the hoopla, bringing more lawsuits might actually not be the best way to save American education [Andrew Coulson]

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And now he must pay child support, a judge has ruled, reasoning that William Marotta had not succeeded in waiving his parental responsibilities because a physician had not overseen the artificial insemination as required by Kansas law. [ABA Journal, earlier]

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Schools roundup

by Walter Olson on December 27, 2013

  • Following outcry, Ohio lawmaker drops proposal to license homeschool parents [Jason Bedrick/Cato, sequel]
  • In Colorado U. crackdown on professor’s deviance course, university retracts claim that professor needed to clear controversial teaching with institutional review board [Inside Higher Ed, Zachary Schrag and sequel, background on IRBs]
  • The purely fictional, entirely bloodless “assassin” game — which I remember was played in my own high school years ago without anyone worrying — now seems to be controversial in suburban D.C. because School Violence and Think of the Children. [Washington Post; Bedrick, Cato on pretend "arrow" zero-tolerance case]
  • After son’s death, Ontario mom urges schools to let asthmatic kids carry inhalers [CBC, Bedrick]
  • Cathy Young on how the forces of unanimity police discussions of “rape culture” [Minding the Campus]
  • Kansas regents forbid faculty/staff to post social media content contrary to best interest of university [WaPo]
  • Don’t forget to stop home some time: more public schools serving dinner as well as breakfast and lunch [Future of Capitalism]

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“A Kansas district court heard arguments [last] Friday in the case of a man who is being sued for thousands of dollars in child support by the state after donating his sperm to a same-sex couple he found through a Craigslist ad.” By law artificial insemination in Kansas requires a doctor’s supervision, but mechanic William Marotta instead relied on a private contract with the women who wanted his services, which the state argues cannot excuse him from parental responsibility. [NBC News]

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Ethics roundup

by Walter Olson on October 23, 2013

  • Eliciting false testimony among sins: “Ninth Circuit finds ‘textbook prosecutorial misconduct’” [Legal Ethics Forum]
  • Syracuse: jurors say insurance company lawyer observing trial got uncomfortably close [Above the Law]
  • South Carolina: “Prosecuting attorney is accused of dismissing charges in exchange for sexual favors” [ABA Journal]
  • Judge, handing down six-year sentence, calls defense lawyer’s briefing of witness a “playbook on how to lie without getting caught” [Providence Journal]
  • Kentucky high court reinstates $42 M verdict against lawyers for fleecing fen-phen clients [Point of Law] Accused of bilking clients, prominent S.C. lawyer surrenders license, pleads to mail fraud [ABA Journal]
  • Former Kansas attorney general accused of multiple professional violations: “Phill Kline is indefinitely suspended from practicing law” [Kansas City Star]
  • “Nonrefundable ‘Minimum Fee’ Is Unethical When Fired Lawyer Will Not Refund Any of It” [BNA]

The Colorado Supreme Court, wisely resisting a national campaign of school funding litigation, has turned down a lawsuit arguing that the state is obliged under its constitution to step up school spending. [Denver Post, KDVR, opinion in State v. Lobato]

I’ve got a post up at Cato at Liberty about the Colorado decision, noting that although school finance litigators make a lot of noise about educational quality, they are actually on a mission of “control —specifically, transferring control over spending from voters and their representatives to litigators whose loyalty is to a mix of ideologues and interest groups sharing a wish for higher spending.” I quote from a section on school finance litigation that I wound up cutting from my book Schools for Misrule about the enormous impact such suits have had in other states:

Vast sums have been redistributed as a result. Lawmakers in Kentucky enacted more than a billion dollars in tax hikes. New Jersey adopted its first income tax. Kansas lawmakers levied an additional $755 million in taxes after the state’s high court in peremptory fashion ordered them to double their spending on schools.

The results have been at best mixed: while some states to come under court order have improved their educational performance, many others have stagnated or fallen into new crisis. Colorado is fortunate not to join their ranks. (& reprint: Complete Colorado)

P.S. From a Colorado Springs Gazette report, Jul. 31, 2011:

“Putting more money into a broken system won’t get a better results. There are improvements that could be made without money,” says Deputy Attorney General Geoffrey Blue. …

He points to a Cato Institute study that showed spending on education across the country has skyrocketed but test scores didn’t improve.

“That would mean that potentially every cent of the state budget would be shifted over to K-12 education,” says Blue, who heads the office’s legal policy and government affairs.

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The couple say they believe they were raided because of their use of an indoor gardening setup to raise six tomato, melon and squash plants in their basement. “A drug-sniffing dog was brought in to help, but deputies ultimately left after providing a receipt stating, ‘No items taken.’” [Heather Hollingsworth, AP]

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Schools roundup

by Walter Olson on March 21, 2013

  • More on court’s enjoining Alabama House from sending schools bill to governor [Joshua Dunn, earlier]
  • Connecticut mom’s fibbing to get kid into better school district, interpreted as theft of services, contributes to 12-year sentence (also predicated on four unrelated charges of drug sale and possession) [WFSB]
  • Student speech hit by one-two punch: post-Newtown hysteria, campaign against bullying [Hans Bader, more]
  • Turn Pell Grants into entitlements? Has the Gates Foundation taken leave of its senses? [Neal McCluskey, Cato]
  • “The Dubious Case for Regulating Day Care” [John Ross, Reason, responding to Washington Post coverage of Virginia push]
  • Kansas lawmakers push back against court’s power grab on edubucks mandate [K. C. Star, earlier]
  • “Call to Ditch Red Tape on Playtime Safety” [U.K. TESConnect via Free-Range Kids]

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Schools roundup

by Walter Olson on January 30, 2013

  • Disabled kids and their parents among chief losers in NYC school bus strike [Richard Epstein]
  • “School District to Spend $2.4 MILLION on Guards? A Mom Protests” [Free-Range Kids, N.C.] “Our Schools Are Safe Enough: A Movement to Stop Overreacting to Sandy Hook” [same] Shame that NRA would decide to push big government mandate at taxpayer expense [Brian Doherty]
  • LSAC challenges new California law banning flagging applicants’ extra time on LSAT [Karen Sloan, NLJ]
  • One year on job, 13 years in rubber room for NYC teacher accused of sexually harassing students [NY Post]
  • Missouri lawmaker introduces bill criminalizing failure to report gun ownership to child’s school [Caroline May, Daily Caller]
  • Suing for edu-bucks: “Court says Kansas must increase school funding, slams tax cuts” [Reuters, Severino/NRO]
  • “Yay for Recess: Pediatricians Say It’s as Important as Math or Reading” [Bonnie Rochman, Time]

William Marotta and the recipient of his donation signed an agreement that he would have neither rights nor obligations with respect to any offspring that resulted. But the state of Kansas says that shouldn’t insulate him from paying child support for the three-year-old daughter on whose behalf the state picked up $6,000 in medical bills unpaid by the mother, who had fallen on hard times. [Topeka Capital-Journal, Huffington Post]

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May 18 roundup

by Walter Olson on May 18, 2012

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A Kansas judge “last week dismissed Jesse Dimmick’s lawsuit against the couple he kidnapped in southwest Shawnee County.” [Topeka Capital-Journal, earlier]

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Jesse Dimmick, who invaded the home of Jared and Lindsay Rowley at knifepoint and held them for some time against their will, is now suing them for allegedly reneging on a promise to hide him from the police. He’s also suing the city of Topeka, one of whose officers shot him during his apprehension. [Capital-Journal via Lowering the Bar]

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