Wage and hour, employee classification and Obamacare regulations are transforming the nature of employment, argues Coyote. And in a development that will surprise few of those who watch this area, it’s been another record year for federal wage and hour lawsuits [Insurance Journal]
- Nice work: how one lawyer cleans up filing piggyback class actions after the Federal Trade Commission and other enforcement agencies cite marketers for violations [Daniel Fisher, Forbes]
- Cites inmate’s 18-year history of frivolous complaints: “Prisoner can’t sue USA Today for not printing gambling odds, Pennsylvania court says” [PennLive]
- Canada’s pioneering cap on regulation could be a model for U.S. [Laura Jones, Mercatus via Tyler Cowen]
- “He had a right to shoot at this drone, and I’m going to dismiss this charge” [Eugene Volokh on Kentucky case noted in July]
- Dear John: Los Angeles may use license-plate readers to go after drivers who enter “wrong” neighborhoods [Brian Doherty]
- Asylum law (which differs in numerous ways from refugee law, among them that it typically addresses claims of persons already here) hasn’t quite solved its own vetting problem [flashback from last year, more]
- Georgia lawyer “sanctioned for ‘deploying boilerplate claims’ and ‘utterly frivolous’ arguments” [ABA Journal]
I somehow missed last year that Nashville’s Gibson Guitar, target of a notoriously militarized regulatory raid by the U.S. government (“When I got there, there were people in SWAT attire that evacuated our entire factory“) has not let the matter be forgotten among its customers. It has launched a product line called the Government Series II Les Paul, which “uses the wood that the Feds ultimately returned to Gibson after the resolution and the investigation was concluded.” (The raid was in service of the surprisingly cronyish and protectionist Lacey Act, which restricts import of various foreign woods.)
From the company’s announcement:
Government Series II Les Paul Great Gibson electric guitars have long been a means of fighting the establishment, so when the powers that be confiscated stocks of tonewoods from the Gibson factory in Nashville—only to return them once there was a resolution and the investigation ended—it was an event worth celebrating. Introducing the Government Series II Les Paul, a striking new guitar from Gibson USA for 2014 that suitably marks this infamous time in Gibson’s history.
Good going, Gibson.
- Judge Kozinski ate a sandwich paid for by the ACLU and the National Law Journal and American Bar Association are totally on it;
- Update: “Ohio court says city can’t use ‘quick-take’ to seize property” [Watchdog, earlier on town of Perrysburg’s effort to seize property in adjoining Middleton Township]
- Regarding the wildly one-sided attacks on arbitration of late, I’ve noticed that the people who call contractually agreed-to arbitration “forced” are usually the same people who don’t call taxation “forced”;
- “‘Underground Regulations’ Violate the Constitution as Much as Headline-Grabbing Executive Actions” [Ilya Shapiro, earlier on subregulatory guidance]
- Reminder: if you’re interested in Maryland policy you should be keeping abreast of my blog Free State Notes;
- Business litigants battle it out, sugar v. corn syrup [L.A. Times]
- Obama just backed ENDA-on-steroids Equality Act [Washington Post, earlier, Scott Shackford/Reason (bill would cover not only employment but “housing, lending, jury duty, and public accommodations” while “massively expand[ing] what the federal government counts as a public accommodation,” thus turning into federal cases what are currently local disputes like the Arlene’s Flowers case)]
- News on legal policy front: Center for Class Action Fairness, founded and run by longtime Overlawyered co-blogger Ted Frank, merging into Competitive Enterprise Institute, Ted and all [CEI]
- Arnold Kling isn’t cheering Brookings Institution’s defenestration of well-known economist Robert Litan at Sen. Elizabeth Warren’s behest. More: Sean Higgins, John Fund;
- Proposed anti-soft-drink laws favored by Michael Bloomberg & Co. have been mostly shot down, but New York Times eager to credit politicians anyway for the drop [more: Jacob Sullum];
- We interrupt the campaign season propaganda-fest with news of an actual issue sighting, on regulatory reform [Ira Stoll, Veronique de Rugy on Jeb Bush plan] After Obama initiative to eliminate red tape, agencies added $14.7 billion in regulatory costs [Sam Batkins, American Action Forum]
- Qualified immunity: “Shooting a 68-Year-Old Who Poses No Threat Violates Clearly Established Law” [Ilya Shapiro, Cato]
- If you’ve read Steve Teles’s article on upward redistribution (as you should), read Michael Greve’s reaction and Ilya Somin‘s too;
- East Texas judge throws out 168 patent cases in one fell swoop [Joe Mullin/ArsTechnica, related on popularity of East Texas among trolls]
Complying with federal regulations costs Vanderbilt University $146 million a year, 11% of its overall expenses, the university estimates [Vanderbilt press release via Prof. Bainbridge]
Despite today’s polarized political atmosphere, it is possible to construct an ambitious and highly promising agenda of pro-growth policy reform that can command support across the ideological spectrum. Such an agenda would focus on policies whose primary effect is to inflate the incomes and wealth of the rich, the powerful, and the well-established by shielding them from market competition. A convenient label for these policies is “regressive regulation” — regulatory barriers to entry and competition that work to redistribute income and wealth up the socioeconomic scale. This paper identifies four major examples of regressive regulation: excessive monopoly privileges granted under copyright and patent law; restrictions on high-skilled immigration; protection of incumbent service providers under occupational licensing; and artificial scarcity created by land-use regulation.
[Charles Murray, author of the newly published By the People: Rebuilding Liberty without Permission] is quick to add that he is perfectly fine with a wide range of sensible regulations, and that only a narrow subset of regulations ought to be disobeyed, offering this rule of thumb: if the matter in question were to become a news story in the mass media, the vast majority of Americans would side with the rule-breaker. He offered the example of a bartender with whom he corresponded––she was fined $3,000 for failing to card a customer, and while he granted the legitimacy of requiring alcohol sellers to check the ages of customers, he felt it was unfair to fine the bartender in this particular situation as the customer was her father.
James Gattuso and Diane Katz at Heritage tote up some of the numbers on the Obama administration’s wave of regulation:
In its first six years, the Obama Administration imposed 184 major regulations on the private sector. That figure is more than twice the number imposed by the Bush Administration in its first six years….
Overall, the cost of new mandates and restrictions imposed by the Obama Administration now totals $78.9 billion annually. This is more than double the $30.7 billion in annual costs imposed at the same point in the George W. Bush Administration.
Much, much more is ahead, especially in areas like labor and employment, where the administration is pursuing a frankly unilateral course of legal changes that would never meet with approval if submitted as legislation to the present Congress.