Caleb Brown interviews me for Cato on the politics and policy of employment discrimination laws. I’ve also done interviews with Voice of America (updated: article with video here, at 1:45; higher-def video here), St. Louis’s KMOX, Mark Reardon show and Bay Area public radio station KQED with Michael Krasny (includes audio link), where I had a chance to promote my much-missed friend Joan Kennedy Taylor’s excellent Cato book on workplace harassment. My Cato post on the subject of Friday is here and reactions here. More press coverage: Naureen Khan, Al Jazeera America (symbolism a poor reason for or against bill); Nick O’Malley, Sydney Morning Herald (my views contrasted with Andrew Sullivan’s), Robin Shea, Employment and Labor Insider, Deseret News (opinion roundup including USA Today’s), Tim Carney/Washington Examiner.
Archive for 2013
Constantine Cannon partner: I quit Ecuador suit after 8 days
The partner from the prominent plaintiff’s and class-action firm testified that he signed on to the much-ballyhooed environmental suit against Chevron, then backed out almost immediately after seeing the ethical issues [Reuters]
P.S. Testimony from Philadelphia attorney Joseph Kohn of Kohn, Swift, & Graf also appears unhelpful, to say the least, to Steven Donziger’s case [Paul Barrett, Bloomberg Business Week]
Massachusetts alimony reform, a year later
“The new law, which went into effect March 1, 2012, was hailed as the most dramatic reform in family law in decades and as a model nationwide, with alimony based on need. Unanimously approved by the Massachusetts Legislature, it curbs lifetime payments and sets specific time limits on alimony for marriages of 20 years or less.” So is it working? Bizarre cases and seemingly unreasonable spousal burdens persist: “the law, while a clear improvement, hasn’t been the hoped-for panacea.” [Bella English, Boston Globe]
Environmental roundup
- Voters in state of Washington today consider I-522, latest attempt to mandate GMO food labeling [Jacob Grier, Umlaut; Baylen Linnekin, Reason; earlier including my take on failed California initiative Prop 37] Which Michael Pollan should we listen to? [Jon Entine]
- Ilya Somin in Cato Supreme Court Review on two big takings cases Koontz and Arkansas Game & Fish, both won by property owners in last year’s Supreme Court term [article on SSRN, video and podcast of panel]
- “The Conservative Record on Environmental Policy” [Jonathan Adler, The New Atlantis]
- Regulatory power grab foiled: “West Virginia chicken farmer wins EPA lawsuit over runoff” [AP]
- Defendants fight back in Louisiana coastal marshes suit [John Maginnis, Shreveport Times; earlier here, here, and here]
- Lawsuits under way: “‘Wind Turbine Syndrome’ Blamed for Mysterious Symptoms in Cape Cod Town” [ABC]
- Want affordable housing and plenty of it? Unleash the cranes [Ed Glaeser, NYT “Room For Debate”]
Why I’d vote against ENDA
[bumped from original Friday posting due to interest in the issue and many new links] I’ve got a new post on the Employment Non-Discrimination Act (ENDA) just up at Cato. More: Stephen Miller; similar takes on the issue, Stephen Richer, Purple Elephant and Daily Caller, Libertarian Jew, Coyote, David Bernstein.
More, all citing my post: Andrew Sullivan, who is now tepidly in favor of the bill; Peter Weber, The Week; Scott Shackford, Reason; Paul Mirengoff, PowerLine; Doug Mataconis, Outside the Beltway; Ray Hennessey, Entrepreneur and also at Reuters; Hans Bader, CEI; Jordan Weissman, The Atlantic, Jon Hyman/Ohio Employment Law, and USA Today editorial (contra).
Unfair to the hearing?
Federal officials at HUD are making life difficult for a popular Arizona housing complex that specializes in serving hearing-impaired residents because they say it is failing to attract and serve non-hearing-impaired persons. [Arizona Republic]
Fear of regulatory retaliation: ObamaCare and beyond
“According to CNN investigative reporter Drew Griffin, the White House is pressuring trade associations and insurance providers to keep quiet about the changes the Affordable Care Act is creating for some people’s health coverage plans. One industry official told CNN on the record that the White House is applying ‘massive pressure’ to combat the impression that the ACA is resulting in the cancellation of some plans.” [Mediaite]
This is not the first time, or the tenth, I’ve heard about regulated entities feeling pressure to shut up about things that might embarrass the regulators they answer to. These stories did not begin with the Obama administration and I don’t think they’ll end with it. Quite aside from whatever we think of ObamaCare itself, shouldn’t they disturb us? And can anything be done about it? Following media attention to the plight of “whistleblowers” in the workplace, lawmakers have created fairly elaborate procedures intended to identify and remedy cases of retaliation against federal employees who speak up about problems they notice, procedures that in some instances have also been extended to some private-sector employees. Should there be procedures aimed at unearthing and rectifying retaliation against regulated entities, too, when they blow the whistle? Or would that be too easily manipulated by regulated entities in search of profit, revenge, or point-making?
November 4 roundup
- Dropping a legal cinderblock on his head: I’m quoted on CPSC’s aggressive legal action against former Buckyballs CEO Craig Zucker [Barbara Hollingsworth, CNS; NYT covers story; earlier here, etc.] Related, CPSC finally holds public hearing on magnet sets standard [WLF Legal Pulse].
- SCOTUS sleeper Bond v. U.S., on treaty power + toxic love triangle, no longer a sleeper as George Will devotes column to it [syndicated/WaPo, earlier]
- “The Ideological Migration of the Economics Laureates” [Daniel Klein et al, Econ Journal Watch via Tyler Cowen and Arnold Kling]
- Steven Teles’s diagnosis: “Kludgeocracy in America” [National Affairs; reactions from Brink Lindsey (“libertarianism serves as America’s superego while progressivism supplies the ego and id”), Ilya Somin, Nicholas Geiser/CEI “Open Market”]
- Farewell to Blawg Review’s “Ed.,” whose identity I never learned [Ron Coleman/Likelihood of Confusion, ABA Journal, Mark Bennett/Defending People; Overlawyered hosted Blawg Review #33 in 2005 and #220 in 2009; see also mentions and #56 at Point of Law]
- “Emotional linkbait”: police, press rush far ahead of evidence in many claims of bullying-induced suicide [Kelly McBride, Poynter]
- Wow: Columbia, S.C. interim police chief says he’ll come after advocates of pot law reform [Popehat]
Update: Oz high court reverses sex-injury comp award
“A government worker injured during motel sex on a business trip is not entitled to workers’ compensation, Australia’s highest court has ruled.” [Debra Cassens Weiss, ABA Journal, earlier on Australian workers’ comp]
“Alternatively, counsel would also accept the designation ‘Guardian of the Realm'”
A Tennessee defense counsel’s funny response to an opposing prosecutor’s ill-considered in limine motion asking not to be referred to as “The Government.” [Lowering the Bar]