In Georgetown, for instance, Eastbanc has proposed to replace the Canal Rd. Exxon with a five story condo building. From a true historic preservation perspective, there’s not much of a case against the project. It wouldn’t break up the rhythm of the block and the proposed style, while not particularly elegant, was at least not discordant.
But neighbors along Prospect Street would lose a part of their fabulous view across the Potomac. So they argued vociferously during the design review process that the project should be reduced to preserve their views. This had little to nothing to do with genuine historic preservation. … This pattern is repeated frequently in Georgetown and in other historic districts.
The local opponents have thus far blocked the project, which means the historic district is still adorned with the Key Bridge Exxon. One might ask the neighbors whether they feel a gas station enhances the neighborhood’s quaint Nineteenth Century ambiance, except that, taking a leaf from lower Manhattanites, they might say it does.
When it comes to the dangers of the demand for a zero-risk childhood, veteran Washington, D.C. broadcast personality Jim Vance seems to be on much the same page (auto-plays video) as Lenore Skenazy of Free-Range Kids.
Salute to Bill Childs, who blogged with distinction at TortsProf, on departing academia for private practice [Sheila Scheuerman and Chris Robinette]
North Carolina voters who know that Amendment One would ban civil unions oppose the measure by 22 points; unfortunately, most don’t know that [Greg Sargent, WaPo; earlier] Patrick at Popehat proposes 5 things Tar Heels can do to help defeat it;
I’ve got a new opinion piece up at the Daily Caller correcting some of the Washington Post’s persistent misconceptions about self-defense law, on both its editorial and reporting sides. Sample:
… how [Post reporters] Fisher and Eggen do stack their lead anecdote. Their opening paragraphs tell of a youth who innocently “knocked at the wrong door” and was greeted by an irate homeowner who, seemingly without reason or provocation, blasted him in the chest, only to be set free by the police, since in Florida, the victim’s father sorrowfully avers, it seems “the shooter’s word is the law.”
Pretty horrifying, right? It takes 17 paragraphs of unrelated matter before the first scraps of the other side of the story emerge: it was 4 a.m. and the youth, bipolar and “blitzed” on alcohol that night, was ignoring repeated pleas to leave a property with a young mother and baby inside; the husband/shooter (whom the Post never managed to reach for his side of the story) told police that he had asked his wife to call 911, which hadn’t shown up; that he had warned the intruder many times, and fired only after being “lurched” at; he was then arrested, “but Assistant State Attorney Manny Garcia concluded that his actions were ‘justified.’”
Also, correspondent Lee Pacchia interviewed me at Bloomberg Law about the law’s application to the Trayvon Martin case in a 9 minute+ segment posted today. More commentary from my Cato Institute colleague Tim Lynch at Jurist. Earlier here.
Updated twice: According to college paper Nota Bene, the student bar association Senate at George Washington University is asking the law school to consider a proposed policy which would attach substantial new restrictions to student decisions to invite speakers from “hate groups” to campus. (More: GW Patriot; a list of the asked-for restrictions, which include hiring security personnel at the expense of the inviting group and making “this is a hate group speaker” pre-announcements to audiences, is here; Nota Bene reports that the demand will not be considered this semester, and other sources say NB coverage has overstated how far the proposal managed to get). Making matters especially problematic, the blacklist would consist of groups designated as “hate groups” by Morris Dees’s Southern Poverty Law Center [SPLC] or the Anti-Defamation League.
Dees, long a deeplycontroversialpublic figure and polemicist, has been roundly criticized in recent years for expanding his list of “hate” and “extremist” groups, sent to law enforcement groups across the country, far beyond violent and criminal groups to include organizations and websites that advocate various (typically conservative) causes in a vehement and unpleasant manner, and thus offend liberal SPLC donors (and typically offend me as well). This year SPLC came in for widespread derision when it added a new category in its hate group report for “pickup artist” blogs, a target of feminist ire.
The demands for a policy change at GW were apparently triggered by an appearance on campus by the anti-gay Family Research Council, a spinoff of James Dobson’s Focus on the Family group. I have about as low an opinion of the FRC as it’s possible to have, but it’s not exactly to be confused with the Aryan Nations — major Republican politicians are willing to appear at its events, for example — and if you’re a student at a law school, it’s probably not a bad idea to be made aware that there are people out there with a wide range of views on the controversies of the day.
When I speak to audiences about the ideological law school atmosphere described in Schools for Misrule, I’m sometimes asked whether the pressures for conformity and silence are getting worse. Usually I argue the reverse, that law schools have tended to become more open in recent years to a broad spectrum of debate. If the advocates pushing the GWU initiative manage to get their proposal taken seriously by the law faculty, I may need to revise my thinking. [Updated 3/28 to reflect subsequent NotaBene report and questioning of its coverage; h/t Peter Bonilla, FIRE]
Per Chevron, Kerry Kennedy getting undisclosed percentage of the take, potentially in millions, to side with plaintiffs in Ecuador suit [NY Post] Long New Yorker take-out on case [Patrick Radden Keefe]
Freetail Brewing fields a nastygram: “How to Comply With a Cease-and-Desist Letter But Still Win” [Lowering the Bar]
I.e. boycotts illegal? Odd Minnesota law bans economic “reprisals” based on “political activity.” [Volokh]
“Chris McGrath v. Vaughan Jones: An Unpleasant Peek Into U.K. Libel Law” [Popehat; suit over science-and-theology book review] Related: “You Can’t Read This Book: why libel tourists love London” [Nick Cohen, Guardian, on his new book]
Business experience isn’t be-all or end-all for presidential qualifications, but might avert some policy howlers [Kling]
“Arbitration Is Here to Stay and One Lawyer Says That Is Good for Consumers” [Alan Kaplinsky interview, Mickey Meese/Forbes, PoL]
Off-topic random thought: “Iranian nuclear scientist who moonlights in Broadway Spider-Man cast” must be world’s most uninsurable job description;
“D.C. Lawmakers Propose Requiring Students to Apply to College” [Fox]
The Washington Post offers an editorial caution to lawmakers in Montgomery County, the famously liberal slice of Maryland suburbia:
A bill before the Montgomery County Council would force big-box retailers such as Wal-Mart, Home Depot and Target to negotiate with neighborhood groups as a condition for getting their new stores approved. This is such a spectacularly bad idea, on so many levels, that it’s hard to imagine how it came to be taken seriously in the first place.
By contrast, the nearby District of Columbia, often seen as a challenging place to do business, seems to be making its peace with Wal-Mart, which has announced plans to open six new stores there.
While a publicity-seeking lawprof has been stirring the pot, it’s by no means clear that any actual Catholic U. students consider it intolerably irksome to pray in a room with a cross. [PJ Media "Tatler", earlier]
One in twelve residents of the District of Columbia is an attorney, but if you think that seems ample, there are those who disagree:
“It sounds like a lot of lawyers, but it’s not nearly enough,” said Matthew Fraidin, a law professor at the University of the District of Columbia. “There are just an immense number of people who go unrepresented every year. The need for legal service attorneys has increased and the funding for them has decreased.”
“Law Prof Threatens Suit over University’s Plan to Reinstitute Single-Sex Dorms” [ABA Journal, WSJ Law Blog; John Banzhaf vs. Catholic U. in Washington, D.C.]
Mississippi: Dickie Scruggs files motion to vacate conviction in Scruggs II (DeLaughter case) [Freeland, YallPolitics] Before defending Paul Minor’s conduct in cash-for-judges scandal, review the evidence [Lange, YallPolitics and more]
Woman who filmed cop from own yard charged with obstructing his administration of governmen [BoingBoing]
East St. Louis, Ill. jury awards $95 million in sexual harassment, assault case against Aaron’s rental chain [ABA Journal]
Connecticut unions demand investigation of conservative Yankee Institute think tank [Public Sector Inc.]
My new post at Cato at Liberty explains how raw green onion came to be served as the “snack” in a Washington, D.C. public school, and why one smart suburban district decided to pull out of the federal school lunch program entirely.
“D.C. Mayor Vincent D. Gray delivered an ultimatum in a face-to-face meeting with Wal-Mart officials at a real estate convention Monday: If the chain wants to enter the District at all, it had better commit to opening at Skyland Shopping Center, the long-delayed redevelopment project in Gray’s home ward…. Gray indicated he would be willing to go so far as to nix the company’s requests for building permits on privately owned sites, even for neighborhoods where residents favored Wal-Mart’s opening.” [Washington Post, earlier]
The spurned husband is demanding $10 million on behalf of his daughter; the case is attracting some media attention because its target is the Sidwell Friends School, known for educating many in Washington, D.C.’s elite. [ABC News]
Washington Business Journal brings word of the list of demands by a “community group” to drop its opposition to the opening of Wal-Mart stores in Washington, D.C. Given such a welcoming attitude, isn’t it strange that so many major retailers have opened stores in suburban Maryland and Virginia, but not in the District?
Great moments in criminal defense, as revealed at a murder trial in Washington, D.C. [WaPo] Eric Turkewitz has many more links on the story, and also is put in mind of a lawyer advertising angle.
A moratorium on new liquor licenses in Washington, D.C.’s popular Adams-Morgan neighborhood might account for why an existing license appears curiously valuable. [Matthew Yglesias]
Get your copy today!My new book tackles the question of why so many bad ideas come from the law schools. "Cutting-edge commentary, hard-hitting, witty, astute." -- Publisher's Weekly. "Excellent... A fine dissection of these strangely powerful institutions" -- Wall Street Journal.