Posts Tagged ‘Texas’

October 7 roundup

Rating states on legal climates

“West Virginia courts have a well-deserved reputation for favoring plaintiffs, but the state’s Supreme Court may have gone too far this year when it said drug addicts who broke the law to obtain narcotics could sue the doctors and pharmacies who supposedly fed their addiction.” Rulings like that, writes Daniel Fisher, are one reason West Virginia perennially ranks at the bottom in the U.S. Chamber’s ranking of state legal climates, and did again this year. Louisiana, Illinois, and California are other cellar-dwellers, while Alabama and Texas, despite extensive reforms and the success of business-oriented candidates in many judicial races, also languish in the lower ranks with continuing problems such as the litigation atmosphere of east Texas [Lou Ann Anderson/Watchdog Arena] More: Bob Dorigo Jones. Related, from ALEC: State Lawsuit Reform.

School and college roundup

  • Far-reaching, legally dubious new mandate: 37-page “Dear Colleague” letter from Washington launches new “education equity initiative” directing local schools to ensure all children “equal access to educational resources” [R. Shep Melnick, Education Next and WSJ]
  • “‘Tag is not banned,’ [the school district] insisted.” [Fred Barbash, Washington Post; Lenore Skenazy; Mercer Island, Wash.]
  • University of Texas now blurs racial preferences into “holistic” admission review, Supreme Court should take look [Ilya Shapiro]
  • Feds vs. due process: Michigan State case goes well beyond itself-notorious OCR Dear Colleague letter [KC Johnson; related Hans Bader on Tufts and other cases] Emily Yoffe: not so fast on latest “one in five” study [Slate; more, Stuart Taylor Jr.] “You cannot build justice for women on injustice for men.” [powerful Wendy McElroy speech debating Jessica Valenti]
  • Trashing copies of a student paper to keep content from being read? 171 Wesleyan students/alums: “Go for it!” [Popehat, Scott Greenfield] “Editorial independence remains a huge priority for us” says the Wesleyan Argus editor. Doesn’t sound as if her adversaries see it that way [Robby Soave, Reason]
  • Robert Klitzman: Institutional Review Boards at research institutions could benefit from transparency and respect for precedent [via Zachary Schrag]
  • Donald Trump’s battle with New York Attorney General Eric Schneiderman over proprietary “Trump University” [Emma Brown, Washington Post]

The Prosser jukebox

The late Prof. William Prosser, whose enormous influence on modern tort law has made him an occasional target of my windmill-jousting, wrote a parody song “The Common Law of Texas” in the early 1960s to the tune of “The Yellow Rose of Texas.” Kyle Graham found it and nominates North Carolina, Oregon, and Hawaii as states that currently follow their own path on common-law tort doctrine.

Too much occupational licensure

Hugh Morley, Bergen Record:

[New Jersey’s] licensed sector now covers about 20 percent of the workforce. Jobs as diverse — and sometimes as seemingly mundane — as barbers, movers and warehousemen, librarians, and career counselors can’t be done legally without getting state approval in New Jersey, usually by paying a fee, submitting personal information, and taking training or educational courses.

Nationwide, the share of jobs requiring licenses is even higher: 25 percent, up from around 5 percent in the 1950s. With economist Milton Friedman in the lead, libertarians have long criticized occupational licensure for restricting competition, limiting consumer choice, raising prices, and curtailing the opportunities of excluded workers, including many poorer persons and new workforce entrants. But more recently discontent with occupational licensure has spread broadly across the ideological spectrum, as with a Brookings study we linked in February. And now the Obama administration — citing Cato! — lends its weight with a new critique. [David Boaz/Cato, Tim Sandefur/Pacific Legal, Glenn Reynolds/USA Today, Stephen Slivinski/No Water Economists]

More: the city of Austin’s new ban on unlicensed household hauling will hurt informal laborers without helping homeowners [Chuck DeVore]

Police and prosecution roundup

  • NYC Legal Aid lawyer “represented four defendants in a row who had been arrested for having a foot up on a subway seat” [Gothamist, including report of arrests for “manspreading”]
  • Recommendations would expand federal role: “President Obama’s Task Force on 21st Century Policing” [Tim Lynch]
  • Profile of Pat Nolan and momentum of criminal justice reform on the right [Marshall Project] Maryland Gov. Larry Hogan shows how Republicans are experimenting with criminal justice reform [Ovetta Wiggins, Washington Post]
  • “Though we weren’t at any toll plazas, something was reading the E-ZPass tag in our car.” [Mariko Hirose, ACLU on New York monitoring of car transponders, presently for transport management purposes] DEA license plate tracking has been subject to mission creep [L.A. Times editorial via Amy Alkon, earlier]
  • “Texas’s governor signs a bill that will end the ‘key man’ grand jury system, also known as the ‘pick-a-pal’ system.” [Houston Chronicle via @radleybalko, earlier]
  • “There’s little dispute overincarceration is a problem demanding immediate redress. Except when it comes to sex.” [Scott Greenfield]
  • Massachusetts SWAT teams retreat from position that they’re private corporations and needn’t comply with public records laws [Radley Balko, earlier]

July 8 roundup

143 Texas bikers in jail

Some of the 143 jailed bikers no doubt played a guilty role in a spectacular motorcycle club shootout that left nine dead at the Twin Peaks restaurant in Waco. Some say they were just in the wrong place at the wrong time, including a 30 year old volunteer firefighter who says he has no criminal record and tried to hide during the violence. In either event, no one important seems to care, although some defense-lawyer and civil-liberties types grouse about an “unprecedented…wholesale roundup of people” for “being at the scene of a crime” under a principle of “Let’s arrest them all and sort it out later.” Bail for many has been set at a prohibitive $1 million apiece, and no formal charges have been brought. “Under Texas law, a grand jury has 90 days to indict those in custody before they are entitled to reduced bonds.” Police say they consider the matter to be one of organized crime and that an investigation is ongoing. [Molly Hennessy-Fiske, L.A. Times] More: Scott Greenfield. Update: Texas Tribune (bail process crawls forward, more commentators raising questions about process).