- In Britain, Conservative Party proposes pullback from involvement in European Convention on Human Rights [BBC, Telegraph with more coverage, Isabel Hardman/Spectator, Economist, Jon Holbrook/Spiked, Adam Smith Institute, Dominic Grieve/Prospect, Basak Cali/OJ]
- Lessons of forgotten debates in U.S. history: “Constitutional problems with international courts” [Eugene Kontorovich]
- “The United Nations is also pressuring countries, particularly Japan, to enact anti-hate speech laws.” [Elizabeth Nolan Brown]
- “How the Supreme Court Has Limited Foreign Disputes from Flooding U.S. Courts” [George T. Conway III, John Bellinger III, R. Reeves Anderson, and James Stengel for the Chamber’s Institute for Legal Reform via D&O Diary]
- Why U.S. ratification of the Convention on the Rights of the Child would be pointless [Julian Ku/OJ]
- “I despise North Korea human rights violations as much as anyone, but I’m skeptical that US tort system is answer.” [@tedfrank on Twitter; D.C. Circuit opinion in Kim v. DPRK]
- Critique of international human rights treaties as having done little to reduce abuses of rights [Eric Posner, The Guardian] Some human rights clinics at law schools like Yale “are very close to pure political advocacy groups” [Julian Ku on another Posner article]
- Why British pubs are in decline [new Institute of Economic Affairs report from Christopher Snowdon]
- After legal battle with chicken chain, Vermont man wins “Eat More Kale” trademark [AP, earlier here, etc.]
- “Why D.C. Breweries Say They’re Drowning In Red Tape” [Rebecca Sheir, WAMU] Pennsylvania: “Cops Seized Couple’s $160,000 Wine Collection – And Want to Destroy It All” [Baylen Linnekin]
- More on FDA calorie-labeling mandate for restaurants and food servers [Sarah Kliff, Vox (“way more aggressive than expected”); Steve Chapman, Jacob Sullum, Danny Vinik, New Republic on the lack of evidence in their favor; Jason Stverak, Providence Journal on the costs; Cass Sunstein via Althouse in favor; earlier here, etc.]
- Opponent seeks sanctions over attempt to turn “meritless snack food labeling action into the Second Peloponnesian War” [Daniel Fisher]
- “A Trademark Year in Wine and Beer: Our 2014 Holiday Buyer’s Guide to Disputed Beverages” [David Kluft, Foley Hoag]
- Roundup of reactions (including ours) to Boston professor’s fateful tussle with Chinese restaurant [National Post, earlier]
The coroner’s inquest, familiar to readers of Agatha Christie, might be worth importing to the U.S. to look into police-caused deaths [Josh Voorhees, Slate, on ideas of Paul MacMahon]
Related: “The Grand Jury System Is Broken” [John Steele Gordon, Commentary, written post-Ferguson, pre-Garner]; New York Times “Room for Debate“; New York Attorney General Eric Schneiderman asks for authority to take over prosecutorial authority in police shootings [WGRZ (auto-plays), New York Observer, Paul Cassell]; Harvey Silverglate via Todd Zywicki (don’t gut grand jury protections). And from Michael Bell, “What I Did After Police Killed My Son,” Politico: “In 129 years since police and fire commissions were created in the state of Wisconsin, we could not find a single ruling by a police department, an inquest or a police commission that a shooting was unjustified. …As a military pilot, I knew that if law professionals investigated police-related deaths like, say, the way that the National Transportation Safety Board investigated aviation mishaps, police-related deaths would be at an all time low.” (& Wisconsin aftermath)
Following the unexplained death of a gardener at a millionaire’s estate in Hampshire, England, a coroner has been told that it is more likely than not that brushing against the poisonous common garden plant aconitum, known variously as wolfsbane or monkshood, must have caused the man’s decease. [Independent]
Maggie Bloom, who is representing the family, said in the pre-inquest hearing yesterday that the initial blood sample had been destroyed – despite being against hospital policy – and that later samples that were retained could be useless as the poison leaves the body within a day.
“Theresa May, the Home Secretary, unveiled plans last month for so-called Extremism Disruption Orders, which would allow judges to ban people deemed extremists from broadcasting, protesting in certain places or even posting messages on Facebook or Twitter without permission.” Who’s an extremist? Funny you should ask. It’s not just preachers of violent jihad:
George Osborne, the Chancellor, has made clear in a letter to constituents that the aim of the orders would be to “eliminate extremism in all its forms” and that they would be used to curtail the activities of those who “spread hate but do not break laws”.
He explained that that the new orders, which will be in the Conservative election manifesto, would extend to any activities that “justify hatred” against people on the grounds of religion, sexual orientation, gender or disability.
He also disclosed that anyone seeking to challenge such an order would have to go the High Court, appealing on a point of law rather than fact.
An outcry has been arising from groups including both conservative Christians and atheists, both of whom suspect that their own controversial speech will be subject to restriction under the new rules. [Daily Telegraph; earlier]
From the United Kingdom [Camilla Swift, The Spectator]:
Police this week were granted the authority to carry out random, unannounced checks at the home of anyone who has a gun license. Why? They claim that shooters may be ‘vulnerable to criminal or terrorist groups’ and this is the way to tackle the ‘problem’. The new Home Office guidance assures us this won’t occur ‘at an unsocial hour unless there is a justified and specific requirement to do so.’ Some get-out clause.
More: CPSA. Perhaps, in our American Bill of Rights, there is more of a connection between the Second Amendment and Fourth Amendment than is at first apparent.
And: “Watervliet, NY Asks Pistol Permit Applicants for Facebook Passwords. Or Not.” [Robert Farago, The Truth About Guns]
“Extremists will have to get posts on Facebook and Twitter approved in advance by the police under sweeping rules planned by the Conservatives.” [Telegraph] The Spectator joins other critics in noting that the idea, floated by Home Secretary Theresa May, could conceivably be used not only against proponents of violent Islamism but also (for example) radicals of right and left, Irish nationalists, and animal-rights protesters:
Labour’s ‘hate crime’ laws have already been used to pursue Christian street preachers criticising homosexuality and Englishmen being rude about Scots. This magazine was once contacted by the CID, which was ‘investigating’ an article about Islamic fundamentalism — the police were trying to establish if we had violated the parameters of argument defined by New Labour. Rather than repeal such laws, Mrs May seems to want to extend them.
- “When I asked them why they decided to sell their [toy import] business, they said that they got out because of Proposition 65 and the CPSIA.” [Nancy Nord]
- State tax regimes are getting more aggressive about grabbing money earned in other states [Steve Malanga, City Journal]
- “Still can’t get over the fact that all [development] permits are discretionary in San Francisco” [@TonyBiasotti linking Mark Hogan, Boom]
- How would American politics change if political parties could expel members, as in many countries they can? [Bryan Caplan]
- Defenders of Wisconsin John Doe prosecutor push back against Stuart Taylor investigation [Daniel Bice, Milwaukee Journal-Sentinel via Althouse, more, related on “blue fist” posters and John Doe investigator, earlier]
- “In Britain, Child’s Weight Leads to Parents’ Arrest” [New York Times in June, King’s Lynn 11-year-old; also, Cadbury agrees to “stop making chocolate bars in Britain with more than 250 calories”] More: Pencil-twirling in class leads to CPS referral in New Jersey [Katherine Mangu-War, Reason]
- Should there be judicial remedies — what kind, and for which plaintiffs — when federal spending is politicized? [Daniel Epstein, Federalist Society “Engage”]
- Police have traced the crime wave to a single micro-neighborhood in the California capital [Sacramento Bee]
- “Adam Carolla Settles with the Patent Trolls” [Daniel Nazer/EFF, Reason, related eight days earlier and previously] eBay takes on Landmark in the E.D. of Texas [Popehat]
- Frank Furedi on law and the decline in childrens’ freedom to roam [U.K. Independent]
- On “ban the box” laws re: asking about job applicants’ criminal records, it’s sued if you do, sued if you don’t [Coyote]
- Fake law firm websites in U.K. sometimes parasitize the real ones [Martha Neil, ABA Journal]
- What C. Steven Bradford of the blog Business Law Prof reads to keep up (and thanks for including us on list);
- As applications to renounce U.S. citizenship mount, many related to FATCA, our government hikes fee for doing so by 422% [Robert Wood, Forbes]
In the North of England, “South Tyneside Council has abandoned its hunt for notorious blogger Mr Monkey after spending more than £200,000 of taxpayers’ cash.” [Chronicle] The widely read blog had made scurrilous charges against council members and others. “The authority said it had a ‘duty’ to protect staff and councillors against” what it called “cyber-bullying and harassment.” “Councils cannot sue for libel. Any action against the ‘Mr Monkey’ blogger could only be taken by named individuals.” [BBC] More: Daily Mail, Taxpayers Alliance.