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Maryland

My new article at The Blaze, based (among other things) on a precinct analysis of the election results last month in Prince George’s County, Maryland: “the black precincts in P.G. with the strongest inclination toward social conservatism… gave Republican candidates a vote percentage more often associated with Libertarian candidates and rounding errors.” Although some Republicans have been keeping the runways clear and waving at every dot on the horizon for 20 years or more, the planes still aren’t landing (& welcome David Frum/Daily Beast readers).

Welcome BBYO students

by Walter Olson on December 4, 2012

I spoke this morning at University of Maryland Hillel on the paradoxes of the federal school lunch program, on a panel with Julie Gunlock of the Independent Women’s Forum. You can read more about the school lunch program here.

One important reason same-sex marriage won on three state ballots last month is that many Republican voters, especially in affluent suburbs, crossed over to vote in favor of it. I’ve continued to document this phenomenon in a piece in this weekend’s Washington Post “Outlook” section (incorporating precinct-level detail on Minnesota and Maine) as well as in a second Huffington Post piece (with precinct-level detail on Maryland; my earlier HuffPo piece is linked here). Also, this Cato podcast:

One correction on the podcast: I mistakenly said Question 6 carried the two biggest Romney counties in Maryland, but I should have said two of the biggest three.

P.S. Mine was the second-most-popular article on WashingtonPost.com as of early morning Dec. 2.

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Environment roundup

by Walter Olson on November 30, 2012

  • As wildlife policy goes wrong, it’s guano on the rocks for La Jolla [Matt Welch, language]
  • Georgia-Pacific West vs. NEDC: “Millions of jobs at stake in logging case” [David Hampton, Wash. Times; Henry Miller, Forbes]
  • Ontario environment ministry won’t investigate complaint of noise from neighbor’s basketball play [National Post, earlier]
  • Maryland: Following state mandate, Howard County prepares to stifle farmland development without compensation [HoCoRising]
  • Role of local government structure: “New England vs. Midwest Culture” [George Mattei, Urbanophile]
  • More re: suits vs. utilities over Sandy outages [Bloomberg (Long Island), NJ.com] Pre-Sandy, NY pols kicked around Long Island Power Authority (LIPA) for decades [Nicole Gelinas/ NYP]
  • “Reckless Endangerment: Global Warming in the Courts” [Michael Greve, Liberty and Law] Various interest groups have already locked themselves into EPA’s jury-rigged scheme to limit carbon emissions [Greve]

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In Rockville, Maryland, a ten-year-old kid is riding the city bus [Free-Range Kids]

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Maryland Reporter on what an Eastern Shore banker told a forum arranged by the state’s tax authorities:

The CEO of Easton Bank and Trust, Mike Menzies, said the new standardized approach in how the banks count assets along with state regulation policies have a distinct impact on the loans they can lend to small businesses….

Menzies said that regulations associated with the federal Credit Card Card Act, the Fair and Accurate Credit Transactions Act and Dodd-Frank Act have have placed large burdens on banks, forcing them to devote more human resources toward regulatory compliance than is necessary.

“I would say that seven years ago, I would spend 20 to 25% of my time as CEO of a small company dealing with regulatory issues,” said Menzies. “I spend no less than 50 or 60 percent of my time today dealing with regulatory issues. It’s unbelievable.”

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Washington Post:

She was convicted in June of stealing $800 from the Maryland General Assembly to pay an employee of her private law firm. But on Tuesday… [Tiffany] Alston’s attorneys said that the Prince George’s County Democrat is prepared to sue, if necessary, to continue serving in the House of Delegates. …

How she intends to do that is unclear. Her sentencing last month on a charge of misconduct in office triggered her “permanent” removal from the House under the state constitution, according to a lawyer for the General Assembly.

Alston’s attorneys disputed that interpretation after Tuesday’s court hearing, in which an Anne Arundel County Circuit Court judge agreed to modify Alston’s one-year suspended jail sentence to probation before judgment, essentially striking her conviction.

Update: Curiouser and curiouser, with revelations about potential Alston replacement Greg Hall.

Romney voters swung in large numbers to provide the decisive margin for Maryland’s approval of same-sex marriage, according to county-level data I analyze in this new Huffington Post piece. In my own precinct Question 6 ran 14 points ahead of the vote for President Obama, a margin not uncommon in other parts of the state that could be described as economically conservative and socially moderate.

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A brief history of the “law enforcement bill of rights,” pushed for by police unions and adopted in many states beginning in Maryland in 1972, which entrenches problem cops who have not actually been found guilty of a felony [Mike Riggs, Reason]

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  • Maryland: “Montgomery County Police ‘Effects’ Bargaining Bludgeons Public Safety” [Trey Kovacs, CEI, earlier] Time to revisit “effects” bargaining for other employee groups too [Gazette]
  • “A New Whistleblower Retaliation Statute Grows Up: Dodd-Frank is the new Sarbanes-Oxley” [Daniel Schwartz]
  • Proposal for disclosure of “persuaders” would threaten many employers [Michael Lotito/The Hill, earlier]
  • Judge greenlights union suit challenging new Indiana right to work law [RedState]
  • “Discovery of Immigration-Status Denied in FLSA Case” [Workplace Prof]
  • “Same Song, Umpteenth Verse – No Discrimination, Retaliation Worth $2 Million” [Fox/Employer's Lawyer; Ithaca, N.Y.]
  • NLRB on collision course with Indian tribal sovereignty [Fred Wszolek, Indian Country Today]

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Voters in four states will decide same-sex marriage ballot questions on Nov. 6. As many readers know, I’ve been writing actively on the Maryland question, and those interested in catching up on that can follow the links here to find, among other things, my recent interview on the subject with the Arab news service Al-Jazeera, my thoughts on Judge Dennis Jacobs’s decision striking down Section 3 of DOMA (the federal Defense of Marriage Act), and my reaction to the other side’s “bad for children” contentions.

The Cato Institute has been doing cutting-edge work on the topic for years from a libertarian perspective; some highlights here.

Yet more: Hans Bader on religious liberty and anti-discrimination law [Examiner, CEI] And my letter to the editor in the suburban Maryland Gazette: “Civil society long ago decoupled marriage law from church doctrines.”

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Get ready for the cognitive dissonance among many on both left and right: Second Circuit chief judge Dennis Jacobs, long a favorite of the Federalist Society (and of mine), has written the opinion striking down section 3 of the Defense of Marriage Act (DOMA) in Windsor v. U.S. I have more at my Maryland for All Families blog.

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Maryland roundup

by Walter Olson on October 14, 2012

  • Md. Access to Justice Commission pushes controversial Civil Gideon, lopsided fee shift rules [report]
  • Montgomery County voters will decide on extending police collective bargaining [WaPo]
  • “Baltimore: The city that sues the banks” [Fortune]
  • “New Pit Bull Dog Bite Law in Maryland? Not So Fast” [Ron Miller, earlier] “Landlords Held Responsible For Pit Bull Injuries; Tenants Face Eviction and Legal Battle” [CBS Baltimore]
  • Maryland pays far higher fees to investment managers for its pension fund than most states do. How’d that happen? And should states rely on index investments instead? [Governing]
  • Legislature not final word? State’s high court mulls ditching contributory for comparative fault [WaPo]
  • Business appalled at Montgomery County Council bill requiring 90 day severance to service contractors’ employees [Washington Examiner, Gazette]

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I’ve got a post at Maryland for All Families following up on the free-speech controversy that flared up when Del. Emmett Burns, a Democratic lawmaker in Annapolis, wrote to the owner of the Baltimore Ravens demanding he silence linebacker Brendon Ayanbadejo, a vocal advocate of same-sex marriage (earlier). Discussion elsewhere: Rob Tisinai/Box Turtle Bulletin, Amy Alkon, Howard Wasserman/Prawfs, BaltimoreRavens.com (team’s front office supports Ayanbadejo), David Frum, and a First Amendment analysis from Hans Bader.

Update: Amid widespread public support for Ayanbadejo, Del. Burns has now backed off his attempt to muzzle the linebacker [Baltimore Sun] Did any prominent critics of same-sex marriage speak up in favor of the Ravens linebacker’s free speech? If not, they missed an opportunity to underline the principled nature of their oft-voiced concern that those on the “wrong” side of the marriage issue will face official retaliation.

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Wow. Del. Emmett Burns (D-Baltimore County), an opponent of same-sex marriage, fired off a letter to the owner [PDF] of the Baltimore Ravens on legislative stationery demanding that he silence Brendon Ayanbadejo, an outspoken marriage advocate. Pretty much every conservative commentator in America (properly) denounced the Boston mayor and Chicago alderman for menacing Chick-Fil-A. I hope some of them will speak up against this abuse of government office as well. [NBC Sports Pro Football Talk]

More, Eugene Volokh finds it “a pretty inappropriate thing for a legislator, speaking in a way that stresses his role as legislator, to say to a private employer. There is no express threat of retaliation here, but such letters to private businesspeople — who often have to deal with legislature on various regulatory issues — tend to carry something of an implied threat, especially when they stress the author’s legislative position.” Note also that what Burns is “requesting” in his letter is accompanied by a peremptory demand for an “immediate response.” And update: following an outcry in which the public overwhelmingly took the player’s side, Del. Burns has backed down.

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Politics roundup

by Walter Olson on September 7, 2012

  • “Someone tell Gov O’Malley that Swiss bank UBS is helping build a Maryland bridge.” [background; State of Maryland, PDF, via Dan Alban] Dems’ trade xenophobia escapes ire aimed at GOP’s purported immigration xenophobia [Barro] “Buried in the 2012 Democratic platform: Official declaration of war on Switzerland.” [@daveweigel]
  • Are you better off than you were four years ago? Kyle Graham traces that question back to 1900, and no doubt it’s older [ConcurOp]
  • Fact-checkers snooze during Dems’ Lilly Ledbetter show [Ted Frank/PoL, Hans Bader/Examiner] Read in full context, Obama’s “you didn’t build that” remarks “would inspire largely the same reaction.” [Larimore, Slate]
  • Former Florida Gov. Charlie Crist is least surprising Dem endorser of the year, as Overlawyered readers have reason to know [Betsy Woodruff, NRO, on Morgan & Morgan connection]
  • Great Society legacy: tax-funded nonprofits play key role in NYC corruption [Steven Malanga, WSJ]
  • “Details of the Auto Bailout You Won’t Hear in Charlotte” [Dan Ikenson, Randal O'Toole, Cato; Tim Carney, Washington Examiner ("Here’s the truth: what Romney proposed for Detroit was more or less what Obama did"); Shikha Dalmia on Gov. Jennifer Granholm]
  • HHS welfare waivers: fact-checkers, check thyselves [Kaus, more, Steve Chapman]

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Maryland roundup

by Walter Olson on August 14, 2012

I’ve been writing more lately on policy issues arising in my adopted state, such as the boat tax and Baltimore’s fight with liquor stores, and you can keep up by following my local Twitter account @walterolsonmd:

  • If you think the current federal crusade on disparate minority school discipline rates is unreasonable, check out the Maryland state board of education’s even loopier plans for racial quotas in discipline [Hans Bader and letter, Roger Clegg/Center for Equal Opportunity] “However, there’s no plan for gender balance in school discipline.” [Joanne Jacobs]
  • After the state’s high court stigmatized pit bulls as distinctively dangerous, the state legislature has (as warned of in this space) reacted by extending liability to owners of all dogs, “first bite” or not [WaPo] “The trial lawyer’s expert just testified he sees dogs as a man or woman’s ego on the end of a leash.” [Mike Smigiel]
  • A Washington Post article asks: “Is the ‘nanny state’ in Montgomery working?” (No, but it makes councilors in the affluent liberal redoubt feel good about themselves.) And even in Montgomery, councilman George Leventhal (D-At Large) spots a Laffer Curve [Dan Mitchell, Cato at Liberty]
  • Also in Montgomery, county slates vote next month on union-backed bill to require service contractors to take over employment of displaced workers for 90 days [Gazette] Leventhal is caustic: “I do not only work for SEIU 32BJ. My colleagues may feel they do.” [Rachel Baye, Examiner]
  • Despite its solicitude for the SEIU, the county’s concern for low-income workers has its limits, as when property owners seek to increase the stock of affordable housing near jobs by dividing one-family residences into two-family [Ben Ross, Greater Greater Washington]
  • “Doctors, hospitals concerned about hefty malpractice awards” [Baltimore Sun]
  • MD public pension planners whistle through graveyard [Hayley Peterson, Washington Examiner, Tom Coale/HoCoRising, Ivan Osorio, CEI "Open Market"] The state still hasn’t shaken its AAA bond rating, but Annapolis lawmakers are working to change that by unionizing more state workers [Washington Times]

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My new post at Cato: “It’s as if the lawmakers in Annapolis didn’t realize that boats are mobile. I wish someone could have explained that to them.” ["Chesapeake Prosperity Sunk By Boat Tax"]

P.S. Not unrelated, Bloomberg video profiling Cherubini firm discusses ill-fated 1990 federal luxury boat tax, repealed after two years, which badly hurt U.S. boat builders by driving buyers abroad (via Chris Fountain).

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