EPA regional administrator Al “crucify them” Armendariz [Heritage "Foundry," Christopher Helman/Forbes]
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Posts tagged as:
regulation and its reform
Alex Tabarrok applies a Straussian reading to a WSJ op-ed by former FDA commissioner Andrew von Eschenbach. [Marginal Revolution]
- “A new target for tech patent trolls: cash-strapped American cities” [Joe Mullin, Ars Technica] Crowdsourcing troll control [Farhad Manjoo, Slate] “Why patent trolls don’t need valid patents” [Felix Salmon] “Why Hayek Would Have Hated Software Patents” [Timothy Lee, Cato] Et tu, Shoah Foundation? [Mike Masnick, TechDirt]
- Cory King case: “Not Everything Can Be a Federal Crime” [Ilya Shapiro, Cato]
- “Ban on smoking in cars with young children clears Md. Senate” [WaPo]
- On religious exemption to birth control mandate, NYT wrestles with unwelcome poll numbers [Mickey Kaus]
- “Undocumented Law Grad Can’t Get Driver’s License, But Hopes for Fla. Supreme Court OK of Law License” [ABA Journal]
- Department of Justice launches campaign against racial disparities in school discipline [Jason Riley, WSJ via Amy Alkon]
- James Gattuso and Diane Katz, “Red Tape Rising: Obama-Era Regulation at the Three-Year Mark” [Heritage]
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- 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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- 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]
If there’s something a little off in the phrase “job-killing regulation,” there’s something much more off in the notion of job-creating regulation, or so I argue in my new Cato post (& WLF, Above the Law).
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In the earlier and sounder conception of federalism, local and national government were meant to check each other’s overweening power. Nowadays, unfortunately, the two often interact in a cooperative way to encourage bigger government at both levels, as Washington bribes the states to spend and regulate more. I explain at Cato at Liberty (& Damon Root, Reason).
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The U.S. government really doesn’t believe in making it easy, which is why you might think of using a financial institution in Singapore, where they will be happy to do business. “The whole affair was just another friendly reminder of why I try to avoid doing anything in the US at all. Regulations, financial tracking, consumer protection… it’s just too damn difficult to get anything done.” [Simon Black, Sovereign Man]
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“When the companies that supply motor fuel close the books on 2011, they will pay about $6.8 million in penalties to the Treasury because they failed to mix a special type of biofuel into their gasoline and diesel as required by law. But there was none to be had. Outside a handful of laboratories and workshops, the ingredient, cellulosic biofuel, does not exist.” [Matthew L. Wald, New York Times; Kenneth Green, AEI]
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- No regulatory surge under Obama? Check the numbers please [WSJ edit, James Gattuso/Heritage] Now online: Federalist Society convention panels on regulation [Cass et al, Epstein et al] “House passes REINS Act, president promises veto” [Adler, Mike Kelsey/Heritage] Regulation Moratorium and Jobs Preservation Act “dying in Senate committee” [PoL]
- Study: NY municipalities battered by litigation [Sydney Cresswell & Michael Landon-Murray, Rockefeller/Albany, PDF]
- Dodd-Frank and corporate credit [David Henderson]
- Inside the great Las Vegas condo-board-takeover scam [Bloomberg, earlier]
- “Copyright Law and European Compilations of U.S. Jazz Recordings” [Kerr, Volokh]
- Autism-care cheat: “Former MoFo Partner Draws 12-Month Sentence in Fraud Case” [Recorder]
- Would privacy torts do better? Jim Harper on the Fair Credit Reporting Act [Cato Institute, PDF]
- A request for anti-SLAPP lawyers in Maine and Maryland [Popehat]
- “Gallup: Government Regulation the Top Concern Among Small Business Owners” [NRO Corner] Almost as if in rebuttal to claims from Treasury economist [Business Roundtable]
- Foreclosure law firm in upstate NY under fire after pics posted of its Halloween party [Nocera, Mystal]
- “GAO Report Details Secrecy Of Asbestos Trusts” [Dan Fisher, Forbes] Crown Cork & Seal seeks successor-liability bill in Massachusetts [Eagle-Tribune]
- Case against FMCSA’s rule change on truckers’ hours-of-service [Marc Scribner, CEI]
- Richard Epstein on John Paul Stevens as justice and, now, author [Hoover]
- Feds say lawyer who advised giant theft ring was partly paid in chic shoes and other designer gear [ABA Journal]
So maybe it’s time to find a new way of expressing the idea of our Byzantine tax code, the Byzantine regulations of federal agencies, and so forth. [Brian Palmer, Slate; link fixed now, thanks reader Bob]
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“’Stricter regulation’ will be the number one driver of increased litigation according to general counsels and other corporate law officials surveyed by Fulbright & Jaworski.” [WSJ Law Blog]
- 3M sues prominent Washington lawyer/lobbyist Lanny Davis, says threat of bad publicity improperly used as lawsuit leverage [Above the Law, more, Legal Ethics Forum]
- House Oversight Committee report on expanding regulatory state;
- Does lefty talking-points dispensary ThinkProgress approve of silencing affirmative action critic Roger Clegg? Decide for yourself;
- Robin Fretwell Wilson and Jana Singer debate on scope of religious exemptions in law’s recognition of same-sex marriage [FedSoc Engage] New Heritage backgrounder on same topic cites my writing (in the course of disagreeing). Michael Barone on the politics of the issue, and why he supports the evolution of the law [Examiner]
- California: chefs to defy foie gras ban? [LA Weekly via Alkon, earlier on Chicago]
- “Massachusetts curbs lifetime alimony payments” [NY Times; Jennifer Braceras, Boston Herald] Many state child support formulas overstate cost of child raising [Bader]
- In the mail: new John Fonte book on transnational legal structures, “Sovereignty or Submission” [Encounter Books]
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- Illinois prisoner sues for land to start his own country [AP]
- “Have you got a piece of this lawsuit?” Important Roger Parloff piece on litigation finance [Fortune, now out from paywall] “Hedge Funds Finance Medical Malpractice Claims” [Jeff Segal, Michael Sacopulos and Wayne Oliver, Forbes via White Coat]
- Criminalizing bad parenting: more scrutiny of “Caylee’s Law” proposals [Steve Chapman, L.A. Times and Boston Globe editorials, New Scientist]
- Deal with ADA complainant averts closure of popular Popponesset Marketplace in Mashpee, Mass. [Cape Cod News]
- Because it’s not as if NYC needs electricity or anything: Bloomberg gives $50 million to Sierra Club campaign to stop coal burning by utilities [WaPo] “Environmental justice” arguments deployed against pipeline that would bring Alberta tar sands oil to U.S. [John Kendrick, WLF]
- Unimpaired have permanent right to sue: Fla. high court throws out asbestos-reform law [PBP]
- Red tape demanded by quality-of-life progressivism suffices to strangle poorer urban economies [Walter Russell Mead]
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Colorado really intends to regulate day-care centers to a fare-thee-well [Popehat, KKCO]
P.S. As Hans Bader rightly points out, the requirement that day cares publicly avow enthusiasm about diversity also gets into some troubling First Amendment territory of government-compelled speech.
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- First Amendment wins as SCOTUS strikes down violent-videogame ban [Ilya Shapiro, Hans Bader] Justice Scalia cites “Snow White” and “Hansel and Gretel” [Ann Althouse]
- More Wal-Mart v. Dukes analysis [Schwartz, Althouse, Trask, Fisher, Beck, Sergio Campos/Prawfs] And aftermath for the litigants and others: ABA Journal (Pelosi wants legislative fix), CLP (plaintiffs), Reuters (law firm that’s won hundreds of millions in class actions complains it’s sunk $7 million into the case), Ted Frank (responding to that), Bay Citizen (“Foundations Could Pull Plug on Wal-Mart Suit”).
- “Would the REINS Act Rein In Federal Regulation?” [Jonathan Adler, Regulation magazine (PDF)]
- “Hypotheses Are Verified By Testing, Not By Submitting Them To Lay Juries For A Vote” [David Oliver; Drug and Device Law on denture cream product liability suit]
- Clash between federalism and some med mal reform proposals could have implications for ObamaCare battle [John Baker, Daily Caller; earlier]
- Dan Snyder Gets a Taste of D.C.’s New Anti-SLAPP Law [Citizen Media Law, earlier]
- Court skeptical of testimony of lap dance expert [Legal Blog Watch]
