Posts Tagged ‘live in person’

Prohibition and the lessons of Repeal Day

Last month the Cato Institute hosted a panel celebrating Repeal Day
with me, alcohol policy expert Michelle Minton of the Competitive Enterprise Institute, Stacia Cosner of Students for Sensible Drug Policy, and Cato Digital Marketing Manager Kat Murti as moderator.

On December 5, 1933, the 21st Amendment to the Constitution was ratified, supposedly ending our nation’s failed experiment with prohibitionism. Yet, 81 years later, modern-day prohibitionists continue to deny the laws of supply and demand, attempting to control what individuals can choose to put into their own bodies….

Some links related to the discussion:

  • All the panelists quoted from Daniel Okrent’s excellent history of Prohibition, Last Call. You can find out more about the book at the author’s site.
  • I quote from a speech by the late Christopher Hitchens delivered ten years almost to the day before our panel. It is excerpted in this David Boaz post.
  • Radley Balko wrote a 2003 Cato Policy Analysis, “Back Door to Prohibition: The New War on Social Drinking“. More: The federal Centers for Disease Control, as I noted, has been an agency of choice for public health campaigners because of its legacy of scientific credibility, yet this credibility is itself put increasingly at risk as the CDC lends its name to propaganda. Jacob Sullum provides examples from the agency’s elastic application of the term “binge drinking” to the trouble it seems to have acknowledging that minor alcohol consumption does not seem to correlate with poor health outcomes;
  • As I mention, the Prohibition episode was important in eroding constitutional protections against various law-enforcement tools, especially search and seizure, the law being inherently aimed at contraband goods. The same is true of the nascent Drug War undertaken following the Harrison narcotics act of 1914. You can read about one of the resulting Supreme Court cases here.
  • The role of exorbitant cigarette taxes in contributing to New York’s giant black market in cigarettes came to wider public notice following the police custody death of Eric Garner on Staten Island; more here, here, etc. The New York Post reported that Mayor Bill de Blasio ordered the city law department to refrain from filing an intended press release over a would-be landmark suit filed over untaxed cigarettes the week of the Garner grand jury decision, because it interfered with City Hall’s efforts to downplay the role of the tobacco black market.

Friday at Cato, Repeal Day celebration: “Prohibition Still Doesn’t Work”

Register here for the 5 p.m. Cato event. Description:

Featuring Walter Olson, Senior Fellow, Center for Constitutional Studies, Cato Institute & Editor, Overlawyered.com (@walterolson); Stacia Cosner, Deputy Director, Students for Sensible Drug Policy (@TheStacia); Michelle Minton, Fellow in Consumer Policy Studies, Competitive Enterprise Institute (@michelleminton); moderated by Kat Murti, Digital Marketing Manager, Cato Institute (@KatMurti).

On December 5, 1933, the 21st Amendment to the Constitution was ratified, supposedly ending our nation’s failed experiment with prohibitionism. Yet, 81 years later, modern-day prohibitionists continue to deny the laws of supply and demand, attempting to control what individuals can choose to put into their own bodies.

Please join the Cato Institute for a celebration of the 81st anniversary of the repeal of alcohol prohibition. Panelists will discuss modern prohibitions—from the Drug War to blue laws; tobacco regulation to transfats—drawing connections with their earlier antecedent.

Alcoholic beverages and other commonly restricted refreshments (bring on the trans fats!) will be served following the discussion.

#CatoDigital (formerly #NewMediaLunch) is a regular event series at the Cato Institute highlighting the intersection of tech, social media, and the ideas of liberty.

This event will be live-streamed and questions may be submitted via Twitter using #CatoDigital.

If you can’t make it to the Cato Institute, watch this event live online at www.cato.org/live and follow @CatoEvents on Twitter to get future event updates, live streams, and videos from the Cato Institute.

At Cato next Monday: “Free Speech and Minority Rights: the One, Inc. v. Olesen Case”

Next Monday, Nov. 24, Cato will host a luncheon panel on the 1956 Supreme Court case of One, Inc., v. Olesen, a little case with big implications that reverberate to this day. Panelists include attorneys Lisa Linsky (McDermott Will & Emery) and Robert Corn-Revere (Davis Wright Tremaine) and author/Brookings fellow Jonathan Rauch, and I’ll be moderating. From the description:

Sixty years ago the U.S. Supreme Court’s first case on gay rights was set in motion. It has been neglected through many of the intervening years but is now recognized as a landmark in the law of free speech. In One, Inc., v. Olesen, a fledgling Los Angeles–based magazine seeking to advance the interests of homosexuals sued after the Post Office declared it obscene and banned its distribution through the mail. Against long odds, facing the full force of the federal government, and with little support from the civil libertarians of the day, the small publication persevered to the Supreme Court—and its unexpected victory there opened up legal space for other dissenting and unpopular opinions to thrive. Join us as three experts discuss the One, Inc. case as a turning point in First Amendment law and an example of how freedom of expression works to vindicate the interests of those on society’s margins. We’ll also learn about ongoing efforts to get the U.S. government to open its archives to shed light on its handling of the case.

Register free or watch online at this link.

Federalist Society 2014 National Lawyers Convention

To borrow what Eugene Volokh just posted:

The Federalist Society’s 2014 National Lawyers Convention is happening Thursday, November 13 to Saturday, November 15, and it should be an excellent event. Speakers will include Justices Scalia and Alito, Senators Mike Lee and Orrin Hatch, former Attorney General Michael Mukasey, former ACLU head Nadine Strossen, Carly Fiorina, and former BB&T Corp. head John Allison (now head of Cato). Academic panelists will include — among many others — Richard Epstein, Chai Feldblum, Gail Heriot, Lucian Bebchuk, Jonathan Turley, Neal Katyal, Randy Kennedy, our own Jonathan Adler and Nick Rosenkranz, and [Eugene Volokh].

I expect to attend, so if you’re a reader, please feel free to introduce yourself.

Next Monday at Cato: Damon Root on Overruled

If you’re in D.C., RSVP and register for Cato’s luncheon event on the publication of Damon Root’s Overruled: The Long War for Control of the U.S. Supreme Court. Description:

Featuring the author Damon Root, Senior Editor, OverruledDamonRootReason magazine and Reason.com; with comments by Jeffrey Rosen, Professor of Law, George Washington University, and President & CEO, National Constitution Center; and Roger Pilon, Vice President for Legal Affairs, Cato Institute, and Director, Cato Center for Constitutional Studies; moderated by Walter Olson, Senior Fellow, Cato Institute.

What is the proper role of the Supreme Court under the Constitution? Should the Court be “active” or “restrained”? Or is that even the proper way to look at the question, however much we’ve heard it put that way for several decades now? In his new book, Damon Root traces this debate from the Constitution’s conception to the present. His central focus, however, is on the emergence of the modern libertarian approach, which cuts through the often sterile debate between liberals and conservatives and points to the Constitution itself by way of determining the proper role of the Court under it. Please join us for a refreshing account of this recent history.

Supreme Court roundup

  • Sorry, National Review, but the marriage rulings are really nothing at all like Dred Scott [my new piece at The Daily Beast] Or Roe v. Wade either [Dale Carpenter, Ilya Shapiro, Charles Lane]
  • Ninth Circuit won’t get the message about not expropriating raisin farmers and it’s time for the Court to remind it again [also Ilya Shapiro, earlier]
  • Private businesses, even those that are quasi-public like Amtrak, shouldn’t be delegated the right to regulate their competitors [Ilya Shapiro yet a third time]
  • “Supreme Court takes case on duration of traffic stops” [Orin Kerr, Rodriguez v. United States]
  • Housing disparate impact theory, dodged by administration last time around, returns to Court [Bloomberg, Daniel Fisher; Texas Department of Housing and Community Affairs v. The Inclusive Communities Project; earlier]
  • Noteworthy feature of just-argued wage-and-hour case is that Obama Department of Labor is taking the employer side [Denniston, SCOTUSBlog; Integrity Staffing Solutions v. Busk]
  • “Supreme Court to hear case on right of Maryland to tax out-of-state income” [Ashley Westerman, Capital News Service]
  • Mark your calendar if in D.C.: I’ll be moderating a Nov. 3 talk at Cato by Damon Root about his new book Overruled: The Long War for Control of the U.S. Supreme Court, with commentary from Roger Pilon and Jeffrey Rosen [Reason]

Request: Like Overlawyered on Facebook

We’re closing in on 3,000 likes for Overlawyered on Facebook. Could you take a moment to add one more? You can also like my professional page there (Walter Olson) if you’d like to see more of my writings, podcasts, etc. (especially those at places other than Overlawyered).

If you’re planning an event for your speaker series or a panel discussion, I speak on a wide range of topics including not only subjects found in my books (litigation and its excesses, popular views of the legal profession, legal zaniness in the workplace, law schools) but also on topics that include regulation and the nanny state; food and drink policy; and how law can try to calm rather than exacerbate the culture wars.

Mark your calendars: Mar. 27, “Why Government Fails So Often”

why-government-fails-so-oftenI’m particularly pleased to have played a role in bringing so many terrific authors to speak at Cato this year, including Virginia Postrel and Lenore Skenazy (I helped a bit with Megan McArdle too). Next up, on Mar. 27: Peter Schuck of Yale Law School, “militant moderate” whose magnum opus on how government fails is forthcoming from Princeton. Commenting will be Arnold Kling. Register now! (or make plans to watch live online). Event description:

Featuring the author Peter Schuck, Professor of Law Emeritus, Yale Law School; with comments by Arnold Kling, Economist and Adjunct Scholar, Cato Institute; moderated by Walter Olson, Senior Fellow, Center for Constitutional Studies, Cato Institute.

From the doctor’s office to the workplace, the federal government is taking on ever more responsibility for managing our lives. At the same time, Americans have never been more disaffected with Washington, seeing it as an intrusive, incompetent, wasteful giant. In this book, lawyer and political scientist Peter Schuck lays out a wide range of examples and an enormous body of evidence to explain why so many domestic policies go awry. Economist David Henderson, research fellow at the Hoover Institution and coeditor of EconLog, lauds the book as full of “gems” and “juicy” insights: “Schuck does a beautiful job of laying out all the problems with government intervention.” But can the state get better results by pursuing more thoughtfully conceived policies designed to compensate for its structural flaws? Schuck believes it can. Many libertarians will disagree — and that debate will enliven our discussion.

A sampling of the book’s argument is here.

Now online: “Quit Bubble-Wrapping Our Kids!”


Lenore Skenazy’s incredibly funny talk last Thursday, with me commenting and moderating (and even at one point giving my impression of a 3-year-old losing a cookie), is now online. Several people have told me this was one of the most entertaining and illuminating Cato talks they’ve seen.

Lenore’s blog is Free-Range Kids and you can buy her book of the same name here. Some links on topics that came up in my remarks: Harvard researchers call for yanking obese kids out of their homes; authorities in Queensland, Australia, plan use of satellite data to spy out noncompliance with pool safety rules; courts reward helicopter parents in custody battles; charges dropped against mom who left toddler sleeping in car while she dropped coins in Salvation Army bucket; proposals to cut kids’ food into small bits and discontinue things like peanuts and marshmallows entirely; authorities snatch kids from homes after parents busted with small quantities of pot.

P.S. Direct video link here (h/t comments).