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New York Times

The other day the Chicago Tribune documented a longstanding campaign (see Friday link) to get government bodies to adopt standards requiring flameproofing of furniture upholstery, carpets and other household materials. Turns out key actors in that campaign were companies that make the chemicals used in flameproofing, which thereby guaranteed themselves a giant market for their products, as well as cigarette companies that worried that they would face regulatory and legal pressure over fires caused by careless smoking and decided to pursue a strategy of turning the issue into someone else’s problem.

Unfortunately, according to the Tribune series, the supposedly flameproof furnishings 1) aren’t necessarily very good at reducing fire risk and 2) are doused with chemicals that one might not want rubbing off on one’s family and pets. That’s aside from the regulations’ obvious cost in making furnishings more expensive and narrowing consumer choice by excluding producers unable or unwilling to use the chemical treatments. Whether or not you accept the series’ interpretation in all respects — the authors tend to taken an alarmist line, for example, on the chemicals’ environmental dangers — it’s useful as reminder #83,951 that government regulation often is driven by motives quite different from those advertised, and in particular by business lobbies whose interest is frequently squarely opposed to laissez-faire.

On Sunday, Times columnist Nicholas Kristof, criticized lately in this space for his views on supposed Big Beer responsibility for Indian reservation alcoholism, addressed the flameproofing story in his column. After reciting the controversy — laying a particular emphasis on chemical alarmism, long a specialty of his — Kristof concludes as follows:

This campaign season, you’ll hear fervent denunciations of “burdensome government regulation.” When you do, think of the other side of the story: your home is filled with toxic flame retardants that serve no higher purpose than enriching three companies. The lesson is that we need not only safer couches but also a political system less distorted by toxic money.

Which affords James Taranto of the WSJ’s “Best of the Web” this response:

The guy is so blinded by ideology that he fails to notice he has just given an example of burdensome government regulation.

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I’ve got a piece out at Reason today in which I de-foam the Times columnist’s highly aerated assertions about beer sales near the Pine Ridge, S.D. Oglala Sioux reservation. And a followup at Cato: Kristof has written about the failures of the Drug War, so why does he not apply those lessons here? See also: NYT “Room for Debate” discussion. A different view: Eric Turkewitz.

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Education roundup

by Walter Olson on May 9, 2012

  • Thomas Cooley Law School in Michigan, facing class-action suit, subpoenas Colorado lawprof Paul Campos, vocal critic of schools’ disclosure policies [Campos, Scott Greenfield]
  • “Maintenance of effort”: Yielding to special ed lobby, feds won’t let local school districts cut outlays [Nirvi Shah, Ed Week] “Havoc in classrooms” feared as NYC pushes least restrictive placement of disabled students [NY Post] Feds to universities: it’s an ADA violation to ask suicidal students to leave [WFAE, Popehat]
  • Arizona lawmaker proposes ban on political viewpoint discrimination in faculty hiring [Inside Higher Ed]
  • “University of Maryland Cuts Varsity Cheer Program” [Washington Post] Title IX competes with true gender equality
    [Doug Robinson, Deseret News via Saving Sports]
  • Due-process revolution in school discipline hasn’t worked out as intended [Richard Arum, The Atlantic] Heavy police presence in schools is something new [J.D. Tuccille, Reason] “Education Department Pushes Racial Quotas in School Discipline” [Hans Bader, CEI]
  • “What Yale and the Times Did to Patrick Witt” [KC Johnson, Minding the Campus]

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No, this isn’t the first time the fashionable, First-Lady-approved theory has been debunked — see posts here, here, and here — but it’s gratifying to see the NYT’s formidable Gina Kolata get front-page space for a thorough treatment. One study found poor neighborhoods “had nearly twice as many supermarkets and large-scale grocers per square mile” as wealthier ones; another “found no relationship between what type of food students said they ate, what they weighed, and the type of food within a mile and a half of their homes.” [Tyler Cowen, Jacob Sullum] And Katherine Mangu-Ward notes the juxtaposition of Kolata’s piece with an opinion piece in the paper the very same day: “Food Deserts Are Not Real. Also, We Can Fix Them.”

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In one of the standout instances of media misconduct during the run-up to the recent furor, NBC repeatedly aired, on “Today” and other shows, audio footage misleadingly edited so as to advance the proposition that George Zimmerman was suspicious of Trayvon Martin because of his race [Erik Wemple, Washington Post] While announcing that it had fired the unnamed producer it considered responsible, NBC was less than forthcoming about other details of the scandal, which — as Mickey Kaus points out — may have had a lot to do with its lawyers’ concerns about minimizing a possible defamation payout: “Like other tort laws, libel laws are in practice the enemy of transparency.”

Some have recalled the scandal in which “Dateline NBC” aired footage of supposedly exploding GM cars that in fact had been rigged with incendiary devices. But I’m actually more put in mind of a less celebrated media disgrace from the same era, the Texaco Tapes pseudo-scandal, in which (as I recount here) the New York Times and other outlets avidly promoted systematic misreadings of audiotapes in a hotly disputed racial-bias case, and failed to engage in adequate (or, really, any) soul-searching when the misreadings came to be exposed. In the Martin/Zimmerman case the questionable audio readings included the “two-shot” account influentially advanced by the New York Times when the case first broke nationally, and the supposed racial slur which dominated coverage for a couple of days before being (if the prosecutor’s affidavit is any indication) discreetly laid to rest.

More: Speaking of the New York Times, you have to wonder whether that paper has some sort of stylebook rule requiring it to keep misreporting what Stand Your Ground laws do [Jacob Sullum, more, earlier] And Tom Maguire notes that the paper’s latest editorial appear to be backing off its earlier assertions that the Zimmerman case will hinge on the state’s curtailing of the old “duty to retreat”: “The duty to retreat evidently extends to Times editors.” He also wonders whether, on the much-discussed question of whether Zimmerman flouted the advice of a 911 operator, the NYT editorialists read their own paper. Yet more: Maguire collects the media myths.

I have a new post at Cato rounding up many of my recent writings and broadcast appearances on the subject, under the title, “Why Is Press Coverage of the Martin/Zimmerman Case So Bad?”

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When two lawyers who initially represented George Zimmerman bailed out at a much criticized press conference, a Martin family lawyer reacted as follows:

Natalie Jackson, an attorney for Martin’s family, said these lawyers “continue to make irresponsible statements to the media.” In a statement obtained by NBC News she said, “Not only have they spoken recklessly about racial issues, enflaming passions and reinforcing stereotypes,” now they’ve thrown “their own client, George Zimmerman, under the bus by [alluding] to his possible flight from justice.”

Yes, it would be nice if attorneys involved with the case refrained from making irresponsible statements to the media, speaking recklessly about racial issues and inflaming passions. It should be noted that this is the same attorney Natalie Jackson who, with colleague Benjamin Crump, promoted the “cold blood” or “two shots” account of the case that was influentially picked up by the New York Times’s Lizette Alvarez on March 17 and then by much of the rest of the press:

On the recordings, one shot, an apparent warning or miss, is heard, followed by a voice begging or pleading, and a cry. A second shot is then heard, and the pleading stops.

“It is so clear that this was a 17-year-old boy pleading for his life, and someone shot him in cold blood,” said Natalie Jackson, one of the Martin family lawyers.

Soon thereafter, the Orlando Sentinel found that only one bullet had been fired from Zimmerman’s gun. While indirectly acknowledging the problems with the audio — put more bluntly, the first “shot” was imaginary — the Times has appended no correction regarding the “two shots” account, though it has corrected an unrelated error in the Lizette Alvarez story.

Tom Maguire at Just One Minute has been all over media misreporting of the Martin/Zimmerman case, including the two-shots account. He points out that a large number of memes unfavorable to Zimmerman, and which turned out to need revision or correction in later coverage, originated with the Martin family’s lawyers, particularly Benjamin Crump. That would include Zimmerman’s allegedly huge weight advantage over Martin, the supposed “racial slur” that dominated coverage for a few days, and the negligence of the Sanford police department in still (“unbelievably,” says Emily Bazelon) not having interviewed Trayvon Martin’s girlfriend, who allegedly “heard him get pushed” over a cellphone (when in fact the family’s lawyers had instructed her not to cooperate). Related here (on civil suit against homeowners’ association).

I would not place any bets that with Zimmerman’s original lawyers out of the case we will now be spared irresponsible or racially inflammatory lawyering.

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The New York Times invited me to participate in a “Room for Debate” discussion of Florida’s controversial “Stand Your Ground” self-defense law, and my contribution is here. I elaborate on some of the issues at stake — including the failure of Florida’s violent crime rate to rise as predicted under the law — in this Cato post (& welcome Instapundit, Reihan Salam/NRO, Alex Adrianson/Insider Online, Aaron Worthing, David Codrea readers).

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At the New York Times, Mark Bittman has proved a durable source of entertainment twice over, first as a purveyor of recipes with a high hit rate of being worth trying, and more recently with a laughably paternalistic opinion column. [David Boaz/Cato, Damon Root/Reason, earlier]

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February 29 roundup

by Walter Olson on February 29, 2012

  • Jackpot justice and New Jersey pharmacies (with both a Whitney Houston and a Ted Frank angle) [Fox, PoL, our Jan. 3 post]
  • New Mexico: “Trial lawyers object to spaceport limits” [Las Cruces Bulletin]
  • Dodd-Frank: too big not to fail [The Economist] Robert Teitelman (The Deal) on new Stephen Bainbridge book Corporate Governance After the Financial Crisis [HuffPo] Securities suits: “trial lawyers probably won’t be able to defend a defective system forever” [WSJ Dealpolitik]
  • Uh-oh: U.K. Labour opposition looks at unleashing U.S.-style class actions [Guardian] “U.K. Moves ‘No Win, No Fee’ Litigation Reforms to 2013″ [Suzi Ring, Legal Week]
  • More on controls on cold medicines as anti-meth measure [Radley Balko, Megan McArdle, Xeni Jardin, earlier here, here, here]
  • Recognizable at a distance: “In Germany, a Limp Domestic Economy Stifled by Regulation” [NY Times]
  • Fewer lawyers in Congress these days [WSJ Law Blog]

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February 19 roundup

by Walter Olson on February 19, 2012

  • Self-service arrangement: Pennsylvania judge charged with fixing her own parking tickets [Lancaster Online]
  • Economist cover story: “Over-regulated America“. Obama hesitant about heavy-handed regulation? Really? [Veronique de Rugy, NRO]
  • Argument for letting money market funds “break the buck” without federal backstop [David Henderson, EconLog]
  • Suing apps makers? “Entertainment Lawyers Go Wild for ‘Secondary’ Copyright Lawsuits” [WSJ Law Blog] SWAT raid on Kiwi copyright scofflaw? [Balko] Despite its editor’s views, NYT finds it hard to avoid breaching copyright laws itself [Carly Carioli, Boston Phoenix] “Contempt Sanctions Imposed on Copyright Troll Evan Stone” [Paul Alan Levy] More: “obscene materials can’t be copyrighted” offered as defense in illegal download case [Kerr]
  • Tenure terror: “Teacher in Los Angeles molest case reportedly paid $40G to drop appeal of firing” [AP]
  • FDA rejects lead-in-lipstick scare campaign [ACSH vs. Environmental Working Group]
  • A horror story of eyewitness I.D. [claim of DNA exoneration in Va. rape case; AP via Scott Greenfield]

Employment law roundup

by Walter Olson on February 7, 2012

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A. G. Sulzberger quotes me in yesterday’s New York Times on the wave of court challenges that has met legislation in state capitals on immigration, abortion, financing for Planned Parenthood, and other hot topics. Federal judges have recently issued injunctions blocking part or all of controversial state enactments on all these topics.

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September 6 roundup

by Walter Olson on September 6, 2011

July 25 roundup

by Walter Olson on July 25, 2011

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Food law roundup

by Walter Olson on July 11, 2011

  • Texas legalizes sale of home-baked goods; “Mom can come out of hiding” [KLTV; @JohnWaggoner] New York regulators order Greenmarket cheese vendors to stop custom-slicing wedges for customers [Baylen Linnekin]
  • Children who take school lunch more likely to be obese than those who brown bag it [Freddoso] And is there still time to save chocolate milk? [Boston Herald on proposed Massachusetts school ban]
  • “Obesity policy” in theory: “High-calorie food is too cheap” argument of NYT’s Leonhardt is open to doubt [Josh Wright] “Is obesity really contagious?” [Zoë Pollock, The Dish] Knives out among scientists debating food causes of obesity [Trevor Butterworth, Forbes] Feds look to regulate food similarly to tobacco in hope of saving money on health care [Munro, Daily Caller]
  • …and practice: “Calorie counts don’t change most people’s dining-out habits, experts say” [WaPo, Richer/WLF] Obama nutrition campaign: eat as we say, not as we do [The Hill] Of recent USDA “recipes for healthy kids,” 12 of 15 would not have met proposed FTC ad standards [WSJ] Nanny’s comeuppance? “States rein in anti-obesity laws” [WSJ Law Blog]
  • “Food safety chief defends raw milk raids” [Carolyn Lochhead, SF Chronicle, earlier]
  • “It’s Time to End the War on Salt: The zealous drive by politicians to limit our salt intake has little basis in science” [Melinda Wenner Moyer, Scientific American]
  • After talking with experts, NYT’s Mark Bittman walks back some assertions about the European e. coli outbreak, now blamed on Egyptian fenugreek seeds [Science Mag; related, Kolata/NYT]
  • “If anything, China’s food scandals are becoming increasingly frequent and bizarre.” [LATimes]
  • Public criticism of activist food policy often calls forth a barrage of letters defending government role in diet. Ever wonder why? [Prevention Institute "rapid response" talking point campaign; how taxpayers help]

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A New York Times story criticizing natural gas fracking raises controversy. [Ira Stoll, more, Diana Furchtgott-Roth]

Dear New York Times…

by Walter Olson on June 22, 2011

“…I Don’t Think ‘Moderate’ Means What You Think It Means” [David Lat, Above the Law]

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June 22 roundup

by Walter Olson on June 22, 2011