Archive for 2013

Proposals to make gun owners carry liability insurance

“Liability insurance” may be a misnomer, since some of the proposals would require the purchase of bonds against both intentional acts commonly excluded from ordinary liability coverage, and also misadventures for which owners would not presently be held legally responsible (such as third party criminal use of a gun following a theft not occasioned by owner negligence.) [Reuters, Nelson Lund/GMU, Jessica Chasmar/Washington Times, New York Times via Fed Soc, Taranto/WSJ, Josh Blackman]

Would a mandatory insurance scheme survive judicial scrutiny if it were motivated by a desire to burden the exercise of a constitutional right? David Rifkin and Andrew Grossman, WSJ:

Several states… are considering gun-insurance mandates modeled after those for automobile insurance. There is no conceivable public-safety benefit: Insurance policies cover accidents, not intentional crimes, and criminals with illegal guns will just evade the requirement. The real purpose is to make guns less affordable for law-abiding citizens and thereby reduce private gun ownership. Identical constitutionally suspect logic explains proposals to tax the sale of bullets at excessive rates.

The courts, however, are no more likely to allow government to undermine the Second Amendment than to undermine the First. A state cannot circumvent the right to a free press by requiring that an unfriendly newspaper carry millions in libel insurance or pay a thousand-dollar tax on barrels of ink—the real motive, in either case, would be transparent and the regulation struck down. How could the result be any different for the right to keep and bear arms?

(& slightly expanded/adapted version at Cato; The Hill “Blog Briefing Room”)

P.S. The American Insurance Association is opposed to the more ambitious versions of the idea, at least: “Property and casualty insurance does not and cannot cover gun crimes.”

Business law roundup

Judge’s order: do not write about this public official ever again

In a default judgment, a federal judge in Florida has ruled that Haitian-American journalist Leo Joseph defamed the prime minister of Haiti, Laurent Lamothe, as well as a South Florida businessman, in Joseph’s reporting in Haiti-Observateur about the sale of a state telecommunications company. “‘Leo Joseph is hereby permanently restrained from publishing future communications to any third-parties concerning or regarding’ Lamothe and [Patrice] Baker ‘in either their professional, personal or political lives,” said the order from federal district judge Ursula Ungaro.” [AP/Gainesville Sun; Reporters Committee for Freedom of the Press]

“Petty Misdemeanors Would Trigger Asset Forfeiture in New Hawaii Bill”

If blaring your stereo around the neighborhood gets you sent up for disorderly conduct, do you risk seizure of just your radio? Or maybe your whole car? “Hawaii County Prosecutor Mitch Roth has lambasted the bill as ‘draconian.’ Meanwhile, state Sen. Russell Ruderman called SB 1342 ‘outrageous,’ telling Big Island Now that ‘we should have more safeguards, not less, to protect people from forfeiture abuses.'” [Nick Sibilla, Institute for Justice]

“Holmes scholar files suit to put Sherlock unambiguously into the public domain”

Some stories written by Arthur Conan Doyle about Sherlock Holmes and his associates are still under U.S. copyright, but most (50 of them) are public domain. The Conan Doyle estate, however, has made royalty rumblings over the use of the characters in new imaginative works, and one author has now gone to federal court seeking a ruling that the characters and their overall setting (as distinct, presumably, from elements specific to the still-copyrighted stories) are fair game for the makers of new books and films. [Cory Doctorow, BoingBoing]

Police and prosecution roundup

  • Why you should discount many “minor offender faces eleventy-billion-year sentence” stories [Popehat] One day of smurfing made her a “career offender” [Sullivan]
  • “In Dog We Trust”: Scott Greenfield and Radley Balko dissent from unanimous SCOTUS verdict on police canines [Simple Justice, Huffington Post]
  • Arizona lawmaker would make it felony to impersonate someone on social media [Citizen Media Law]
  • “Can juries tame prosecutors gone wild?” [Leon Neyfakh, Boston Globe “Ideas”]
  • “Cop exposes D.C. speed camera racket” [Radley Balko] How Rockville, Md. squeezes drivers who stop in front of the white line or do rolling right turns [WTOP]
  • After scandal: “Pennsylvania Senate Passes Legislation to Eliminate Philadelphia Traffic Court” [Legal Intelligencer, earlier]
  • Bloomberg precursor? When Mayor LaGuardia got NYC to ban pinball [Sullivan]

Remembering the anti-flirting campaign

There’s nothing new about the impulse to call in the cops against wolves, mashers, and fresh guys on street corners and public conveyances [Alexis Coe, The Atlantic]:

As early as 1897, Missouri representative Prichard B. Hoot introduced a bill that sought to regulate flirting on trains, but the endeavor ultimately proved unsuccessful. That same year, Senator James G. McCune recommended Virginia make flirting a misdemeanor; like his earlier proposal to outlaw football, this bill did not come to fruition.