Archive for April, 2014

Youth, litigation, and getting on with life

Lessons from Bernie Marcus of Home Depot, who at age 49 was fired from a job in violation of what he considered his rights under a contract:

[Price Club founder Sol] Price told Bernie: “Why are you spending your young life suing somebody? Why don’t you just forget about it and go on and live your life? Otherwise, you’re going to end up with a room like this [in your home filled with legal papers].”

The next morning when Bernie woke up, he said he “really woke up. I called the attorneys and said, ‘You’re off the case. End the litigation. I’m going on with my life.’”

Just where did Bernie go? One year later in 1979, he and Arthur Blank launched The Home Depot, which became the fastest growing retailer in U.S. history.

[Harvey Mackay, Orlando Business Journal]

Police and corrections roundup

FSMA, foodies and the state of chow law

At Reason, Baylen Linnekin asks me and several other people what key story we’re watching in the world of food policy. My answer:

The big, ominous, and still underpublicized story this year has been the Food and Drug Administration’s development of regulations to implement Congress’ panic-driven, ill-thought-out Food Safety Modernization Act of 2010. “Local growers are discovering that proposed FDA regulations would curtail many common techniques, such as using house-made fertilizers and irrigating from creeks,” reported the L.A. Times in February. Another batch of new rules will curtail the age-old practice of feeding livestock on spent beer grains, to the dismay of many small brewers and farmers. … Too bad for small, local, distinctive, traditional variety in food and farming….

Read the whole thing — including my semi-defense of the FDA on the legalities of the matter — here.

Schools roundup

  • “Zero Tolerance Hurts Kids and Ruins Schools” [A. Barton Hinkle] “Teen’s military plans on hold after spending 13 days in jail” [WOIO, Ohio]
  • Who knew the visiting scholar of conservative thought would turn out to be conservative? [Boulder Daily Camera re: U. of Colorado attacks on Steven Hayward]
  • Case by case, courts take away right of taxpayers, lawmakers to regulate school spending [Steve Gunn, EAG News; earlier here, etc.]
  • Heather Mac Donald on gangs and the case for school discipline [NRO] More: Ruben Navarrette, CNN.
  • Editorial board endorses parent liability for school bullying [Newark Star-Ledger]
  • States to GAO: feds’ school lunch changes aren’t going well [Jason Bedrick, Cato; Washington Post]
  • Proposed Rhode Island law: “No Child Under 7th Grade Shall Get On or Off School Bus Without a Guardian” [Free-Range Kids] St. Louis: “Mom Arrested for Not Signing School Sign-In Book” [same]

One lesson of the Eich/Mozilla affair

Laws requiring campaign donation disclosure can reinforce conformist pressures, notes my colleague Ilya Shapiro on the episode of the tech CEO who stepped down after an outcry over his donation to California’s Prop 8 campaign a few years ago. [Forbes] On the wider significance of the episode (not mostly one of law or regulation, since the government did not and in my view should not get involved either way), I recommend Conor Friedersdorf’s careful analysis in the Atlantic.

Great moments in union contracts

Following up on the sensational Blue Line crash at the Chicago Transit Authority’s O’Hare Airport terminus: “The CTA’s contract with the Amalgamated Transit Union authorizes the agency to fire rail operators who have had two serious safety violations in a short period of time [emphasis added], and officials said the two incidents when [Brittney] Haywood dozed off qualify her for termination.” Falling asleep just once at the controls of a train wasn’t enough! [CBS Chicago] More: Bill Zeiser, American Spectator.

Kansas City hit with multiple discrimination suits

And the curious thing is, they’re from prosecutors. “The prosecutors’ office replaced part-time assistant prosecutors with full-time positions in 2011. Eight of the part-time employees who were replaced sued the city for age, race and/or gender discrimination, The Kansas City Star reported. … The eight former assistant city prosecutors filed their lawsuits individually and alleged different circumstances.” [Claims Journal]

Texas: deputy sues family of delusional man shot by police

Kemal Yazar’s wife called police out of concern for her husband, who had begun behaving erratically and speaking delusionally. Following a struggle of some sort, police shot the unarmed father of three to death. Now one of the deputies at the scene, “who according to an investigator’s report, suffered ‘superficial wounds’ during the incident” (though he now reports more serious injuries), has sued the family, accusing them of “negligence and recklessness” for not warning emergency operators that Mr. Yazar might be a serious threat. “Oddly, the deputy didn’t sue Kemal’s wife, who placed the call, but her mother, Carmina Figueroa, whose name was on the home insurance policy.” As we noted in an item last year, also from Texas: “Under the ‘firefighter’s rule,’ which has eroded in some jurisdictions in recent years, emergency rescuers generally cannot sue private parties whose negligence is allegedly to blame for the hazards to which they are responding.” [Lisa Falkenburg, Houston Chronicle]