- Supreme Court should clarify whether agency has discretion to ignore any and all costs in designating Endangered Species Act habitat [Ilya Shapiro and Randal John Meyer on Cato certiorari amicus in Building Industry Association of the Bay Area v. U.S. Dept. of Commerce]
- Unanimous decision in Corps of Engineers v. Hawkes is second SCOTUS ruling this year against Environmental Protection Agency, and umpteenth blow to its reputation [Ned Mamula, Cato]
- Speaking of billionaires with vendettas against speech: Tom Steyer of San Francisco pushes New Hampshire attorney general to join probe of wrongful climate advocacy [Mike Bastasch, Daily Caller, earlier here, etc.]
- “Modern zoning would have killed off America’s dense cities”: 40% of Manhattan’s buildings couldn’t be built today because they would violate a law [New York Times, Scott Beyer/Forbes]
- And if anyone should know about tainting it’s them: United Nations human rights bureaucracy probes Flint water contamination [Associated Press]
- Anti-fossil-fuel demonstrators block rail line and the Associated Press can’t find a single critic to quote [related, Shift Washington]
Various federal laws, including the Americans with Disabilities Act and Fair Housing Act, prohibit discrimination against disabled persons, and mental illness is a disability. And so — say three professors — businesses may be violating these laws by dinging credit applicants for poor credit history unless they make allowance for persons whose poor financial choices were the result of mental illness. Bonus: citation to authority of “United Nations Convention on the Rights of Persons with Disabilities (which the United States has signed)” [Christopher Guzelian, Michael Ashley Stein, and H. S. Akiskal, SSRN via @tedfrank]
“Bad news for Pinocchio and Cruella De Vil.” The ever-meddlesome World Health Organization “would like to see all films that feature smoking given an adult rating.” That would exclude kids from many of the kid-oriented classics of the past, from Alice in Wonderland (hookah-smoking caterpillar) to Peter Pan (Captain Hook), to say nothing of more recent films such as “Lord of the Rings (Gandalf and his pipe) or X-Men (Wolverine and his cigar)” [The Guardian; Brian Doherty]
- To what extent should law schools pursue missions other than that of training lawyers to practice competently? [Ken at Popehat]
- Survivors of woman slain in terror attack seek $200 million from county of San Bernardino [Courthouse News] A pertinent 2001 Elizabeth Cabraser quote about terrorism and litigation: “If we sue each other, the terrorists win. We need to be united.”
- Self-driving car revolution is coming quickly, but there might still be time for feds to mess it up [Randal O’Toole]
- “NYT throws hissy-fit, sues over use of thumbnails in critical book” [Rebecca Tushnet via Mike Masnick, TechDirt]
- New laws from Brussels could endanger thousands of historic guns in British museums [Telegraph]
- Drawing on the organization’s entire moral authority, i.e. none at all, United Nations panel calls for U.S. to pay slavery reparations [Independent, Vice]
- Aviary Attorney: “The hottest bird lawyering game to come out of 1840s France!” [Steampowered via Lowering the Bar]
- 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]
The United Nations system’s contemplated “takeover of the Internet” may have been shelved, perhaps indefinitely [David Post]
- Department of surreal headlines: “Detroit Mayor’s Office Disappointed With UN’s Stance on Water Shutoffs” [MLive.com via Deadline Detroit, earlier on customers who don’t pay Detroit water bills]
- “When Mr. Bond first impregnated Mrs. Bond’s best friend, the international Chemical Weapons Convention was probably the furthest thing from his mind.” [Nicholas Quinn Rosenkranz, Cato Supreme Court Review (PDF), earlier on Bond v. U.S.]
- A case against including investor/state protections in trade negotiations [Daniel Ikenson, Cato] Issue leading leftists, libertarians separately to discover merits of sovereigntism? [Julian Ku, Opinio Juris]
- Survey of rapidly changing field of transnational antiquities law [ABA Journal]
- Canada, like U.S., gets periodic U.N. tongue-lashing over its relations with Indian tribes/native peoples [Kathryn Fort, ConcurOp]
- With U.S. isolated on firearms issues, U.N.’s contemplated Programme of Action on Small Arms not quite so innocuous [Ted Bromund, more, earlier here, here, here, and here]
- “The U.S. government should be careful about entering into new international agreements and treaties precisely because international laws do have legal force.” [Jason Sorens, Pileus]
Bloomberg’s nanny-in-chief was never the right choice to lead the Centers for Disease Control, much less with an actual epidemic in sight, argues the New York Sun:
…it was the former mayor of New York City who gave the nation Thomas Frieden, who is one dangerous doctor and is the middle of the catastrophe. … Because of the government’s blunders in the Ebola emergency, people are starting to look a harder look at Bloombergism.
… the CDC budget has soared more than 200% since 2000 to $7 billion. The Centers, moreover, are squandering this lucre (which was seized from the American public via taxes) on regulating motorcycle helmets, video games, and playground equipment, as if any of that has anything to do with diseases. No wonder that when Ebola hits, the CDC seems to be staggering….
Mr. Bloomberg is enormously invested in this through the school of public health at Johns Hopkins. Do Americans want a cabal of left-wing, government doctors in Atlanta engineering our playgrounds, motorcycle helmets, and video games? No one plays a video game or rides a motorcycle for his health….
It is important that the Ebola emergency is starting to get people thinking about the first principles of the Centers for Disease Control.
While we’re at it: I’ve got a new post at Cato about the international aspects, including the U.N.’s World Health Organization and Prof. Lawrence Gostin’s article “Healthy Living Needs Global Governance.”
Decent articles on Stand Your Ground in the general press are relatively few, being far outnumbered by those that are sensationalist, axe-grinding or simply uninformed. So it’s nice to be able to recommend this one by Peter Jamison in the Tampa Bay Times [via Jacob Sullum].
In other news, a United Nations panel in Geneva monitoring compliance with international human rights law has questioned a wide range of United States domestic policies, including some states’ adoption of Stand Your Ground as well as lack of gun control and other offenses. “The committee is charged with upholding the International Covenant on Civil and Political Rights (ICCPR), a UN treaty that the US ratified in 1992.” Another reminder that treaties have consequences, and that ratification of other purported human rights treaties, such as the Convention on the Rights of Persons With Disabilities (CRPD), would not be without public consequences relating to many domestic policies. [Guardian]