Posts tagged as:

small business

January 5 roundup

by Walter Olson on January 5, 2012

  • Big business vs. free markets again: light bulb makers “fuming” over GOP effort to restore consumer choice [Sullum] Large grocery chains like DC’s bag tax [Tim Carney]
  • Eeeuw! Bystander can sue train fatality victim whose body part flew through air and hit her [Chicago Tribune]
  • “Recommended Cell-Phone Ban Comes as ‘Shocking,’ ‘Heavy-Handed’ To Some” [Josh Long, V2M]
  • “Exploding churros are newspaper’s fault, Chilean court rules” [AP]
  • In New Jersey and North Carolina, GOP friends of trial bar block legal reform bills [Armstrong Williams, Washington Times]
  • Kozinski vs. ill-prepared lawyer in case of Sheriff Arpaio vs. newspaper that covered him [The Recorder; Phoenix New Times case]
  • Federal judges block cuts to in-home personal care services in California, Washington [Disability Law, San Francisco Chronicle, KQED]

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  • Steve Chapman on FDA salt reduction initiative [Tribune/syndicated] Canada: “Health minister takes sodium-reduction plan off the table” [Calgary Herald] Flashback: FDA holds first hearing on regulating salt content in food [2007, Medical News Today] Discussion of my piece last week [Adler/Volokh, Instapundit]
  • More on McDonald’s sidestepping of San Francisco would-be Happy Meal ban [Fair Warning, earlier; background here, here, here, here, etc.]
  • “Caveat Venditor: Cottage Food Laws Great in Theory, Often Less So in Practice” [Baylen Linnekin of pro-freedom Keep Food Legal, who guestblogged at Reason last week]
  • Rather than get government out of way, left’s farm bill (”Local Farms, Food and Jobs Act”) would cut small/local/organic growers in on more USDA programs [Obama Foodorama, Linnekin]
  • Good riddance to monopoly powers of the Canadian Wheat Board [CBC]
  • Texas now allows home bakers to sell their wares [Austin Chronicle via @pointoflaw]
  • Widespread opposition to new Department of Labor proposal to ban kids from much work on farms [Nebraska Outback]

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November 2 roundup

by Walter Olson on November 2, 2011

  • 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]

October 27 roundup

by Walter Olson on October 27, 2011

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October 6 roundup

by Walter Olson on October 6, 2011

Go for it, Sacramento

by Walter Olson on September 8, 2011

Please do regulate babysitting much harder, urges Coyote [earlier; see also]

A victory for California consumers and producers in search of artisanal tippling. [San Francisco Chronicle, last year]

At least so long as it’s produced in an industrial manner. [Chicago Tribune]

In my new post at Cato at Liberty, I quote a few highlights from Philip Greenspun’s account of his encounter with Federal Aviation Administration regulators intent on applying to the smallest aviation businesses the same rules that govern the largest. Per George Wallace, “All regulation aspires to the condition of a Monty Python sketch.”

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Around the country today, CPSC regulations are forcing retailers to throw out new, unused baby cribs — estimates of the number range higher than 100,000 — that the federal government itself considers safe enough to be used in day cares. I explain the latest Nanny State snafu in a new post at Cato at Liberty.

More: Quin Hillyer, CFIF; Katherine Mangu-Ward, Reason. And CPSC commissioner Anne Northup corrects a misimpression in some parts of the press:

The new standards ban drop-side cribs. But the standards also prohibit the sale, new or used, of all cribs – both drop-side and fixed-side – that are not tested to the new standards by a private laboratory. Because very few cribs that were not originally manufactured to the new standards will ever be tested, the new standards essentially ban all such cribs – drop-side and fixed side. As reported in today’s press, millions of drop-side cribs have been recalled. On the other hand, tens of millions of fixed side cribs manufactured to previous standards have never been recalled, never been found to be unsafe, and now also cannot be sold new or resold used.

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Patrick at Popehat has compiled “A Small Businessman’s Guide To Dealing With Obnoxious Letters From Lawyers.”

The publicity squeeze

by Walter Olson on June 19, 2011

After taking heat in the press, Montgomery County, Md. has waived a $500 fine levied against a kids’ lemonade stand [WUSA, Daily Caller]

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They could drive you to drink — especially if you’re not politically well-connected [Coyote]

No wonder it had to go:

Her business, while it lasted, consisted of herself, making yogurt on the instructions of her father. Ms Dashtaki was renting space in the kitchen of an Egyptian restaurant where she and her father, “like elves before and after their working hours”, lovingly cultured their yogurt under a blanket, then drained it through a certain kind of cheese cloth, then stirred it for hours, and so forth. For the taste to be divine, everything has to be just so. And, being artisans, they kept the volume tiny, about 20 gallons (76 litres) a week, for sale only at local farmers’ markets.

Homa Dashtaki was eager to demonstrate that her yogurt was safe and healthful, but complying with California regulations turned out to be not so easy. In fact, authorities told her that she would face possible prosecution unless she established a “Grade A dairy facility” employing processes more commonly found in factories. A highlight: she’d have to install a pasteurizer even though she made her yogurt from milk that was already pasteurized. What’s more, California law makes it illegal to pasteurize milk twice, so there went any hope of continuing her straightforward way of obtaining milk, namely bringing it home from a fancy grocery store.

Ms Dashtaki is pondering whether to move to another state, one whose rules allow for artisanal products. She would not be the first entrepreneur to flee the Golden State.

Although a small artisan cheese sector struggles to get by, the California dairy market generally is dominated by mass-market producers selling blandly standardized wares. And you can see how that winds up happening. [The Economist]

More: Coyote. And more on the California regulatory climate from Ted at PoL, including a link to Cal-Peculiarities (PDF), by David Kadue of Seyfarth Shaw, on the state’s distinctively onerous employment laws.

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Rob Beschizza sees clues to the economics of patent litigation in the public pronouncements of Lodsys, a company that has sued small Apple developers based on IP claims covering such common app features as upgrade buttons. [BoingBoing, more, This Is My Next (with copy of a 2007 patent for "Methods and Systems for Gathering Information from Units of a Commodity Across a Network"] Update: Apple intervenes.

It’s not hard for a small chicken farmer to get caught in it, as we find in this Jesse Walker account. The food safety bill passed last year similarly carves out a little exemption for small producers who sell directly to consumers at farmer’s markets and the like, while not exempting those who sell through intermediaries — even though the intermediary in such a case may be simply a neighboring farmer who is headed in to the city market.

Related: India’s ingenious dabbawallah lunch-distribution system, which could probably never get past health codes in this country [37 Signals via Market Urbanism]

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That could be the result of the new institution of elaborate compliance system mandates that could prove to be beyond the capacity of fledgling start-ups, per Marc Hodak:

So, the government decided it had to increase regulations [on] the one part of the financial services sector -– hedge funds –- that had nothing to do with the financial crisis. And because the government felt compelled to spend gobs of taxpayer cash to bail out financial institution[s] that were too big to fail, Congress created a raft of regulations whose main effect will be to crush entrepreneurship and compel waves of consolidation. And the people who pushed for this regulation, who inadvertently insisted that the fixed costs of doing business in America are not yet high enough, will be shocked to find that only the big survive.

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Sorry, craft brewers

by Walter Olson on February 16, 2011

In Oregon “all homemade alcoholic beverages must be consumed where they’re made,” so unless the law changes, beer and wine competitions and taste-offs aren’t going to be legal. [KATU]

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