James (Whitey) Bulger, former Boston crime kingpin: “Advice is a cheap commodity. Some seek it from me about crime. I know only one thing for sure: If you want to make crime pay go to law school.” [New York Times via Paul Caron]
Archive for June, 2015
What Anthony Kennedy could have learned from Brown v. Board
Go for clarity rather than depth of feeling, advises Paul Horwitz [PrawfsBlawg] Re: AMK’s revival of substantive due process, warns John McGinnis, libertarians should be careful what they wish for [Law and Liberty]
More: Obergefell in haiku [Daniela Lapidous, McSweeney’s]
Forfeiture roundup
- How does your state rank on asset forfeiture laws? [Michael Greibok, FreedomWorks via Scott Shackford] Maryland delegate alleges that vetoed bill “would have made it easier for criminals to get their forfeited property back,” seemingly unaware that it focused on rights of owners *not* found guilty of anything [Haven Shoemaker, Carroll County Times] Arizona counties said to have nearly free rein in spending money [Arizona Republic via Coyote]
- I took part last week in a panel discussion in Washington, D.C. on civil asset forfeiture, sponsored by Right on Crime, and it went very well I thought [Sarah Gompper, FreedomWorks]
- “Nail Salon Owner Sues For Return Of Life Savings Seized By DEA Agents At Airport” [Tim Cushing, TechDirt] And: “A federal judge has just ordered the government to return $167,000 it took from a man passing through Nevada on his way to visit his girlfriend in California.” [Cushing]
- “How Philadelphia seizes millions in ‘pocket change’ from some of the city’s poorest residents” [Christopher Ingraham, Washington Post “Wonkblog”]
- IRS drops structuring forfeiture case against N.C. convenience store owner Lyndon McLellan, will return more than $107,000 it seized [Institute for Justice]
- Canada, too, has civil forfeiture when there has been no criminal conviction [British Columbia Civil Liberties Association]
- Michigan testimony: “After they breached the door at gunpoint with masks, they proceeded to take every belonging in my house” [Jacob Sullum]
- Town of Richland, Mississippi, population 7,000, builds $4.1 million police headquarters with forfeiture money. Thanks, passing motorists! [Steve Wilson, Mississippi Watchdog via Radley Balko]
“The Menu Labeling Morass”
“The FDA may soon have the power to criminally charge restaurant owners who fail to publicly post calorie information on menus.” New Cato podcast with Ike Brannon, discussing his article with Sam Batkins in the Summer edition of Regulation. Earlier here, here, here, here, and here.
Suit over outside-Mississippi adultery turns on awareness of boyfriend’s domicile
Mississippi, along with North Carolina, has preserved the tort of “alienation of affections,” which enables lawsuits by married persons against a spouse’s lover for undermining a marriage. Exercising long-arm jurisdiction, it even allows suits against alleged paramours who have never set foot in Mississippi but (it is claimed) engaged in trysts with a married Mississippian outside the state. In a recent case, however, the Mississippi Supreme Court ruled 7-2 that a woman sued under the law could move to dismiss the case for lack of personal jurisdiction on the grounds that she had no idea her boyfriend resided in Mississippi over the course of a relationship conducted in other states. [Nordness v. Faucheaux via Volokh]
Environment roundup
- Natural experiment in greater Dallas area on whether fracking is good for local land values or not [Peter Van Doren, Cato]
- Inclusionary zoning drives up housing costs, allowing greater density would be better way to serve interests of poor [Scott Beyer] “The ‘Plan Bay Area’: Restricting Housing Development Isn’t Reform” [Jonathan Wood and Randal O’Toole, Forbes/Cato]
- “Poorly argued, destructive in intent”: Vatican’s eco-encyclical is old nonsense in green new garb [Andrew Stuttaford, Secular Right]
- “Lion hunters warn U.S. conservation rules could backfire” [Helen Nyambura-Mwaura, Reuters]
- California’s notorious Prop 65: any hope for reform? [Cal Biz Lit, more]
- Citizen suits and consent decrees: in New England, “Conservation Law Foundation wields tremendous power” [Peter Ubertaccio, WGBH]
- “EPA Shifts its Legally Suspect ‘Environmental Justice’ Agenda into Higher Gear” [Glenn Lammi, WLF]
- Breaking: Supreme Court rules 5-4 against EPA on Clean Air Act power plant emissions rule [CNN, Michigan v. EPA, Daniel Fisher, Andrew Grossman]
California lawmakers move against arbitration
By cutting off contractual freedom for pre-dispute arbitration agreements in the workplace, trial lawyers and unions in California intend to pave the way for more and bigger class actions [Dave Roberts, Fox and Hounds] More: Coyote (“Here is how you should think about this proposed law: Attorneys are the taxi cartels, and arbitration is Uber. And the incumbents want their competitor banned.”)
Update: Gov. Jerry Brown vetoes the anti-arbitration bill.
Apologizing for a nastygram
If your business sends a ridiculous trademark demand letter, the best course is to issue a prompt and gracious apology, as IMAX did — though better still would be not to have sent the letter in the first place [Eugene Volokh; Joe Mullin, Ars Technica]
The marriage decision
In this half-hour Cato podcast, Caleb Brown interviews Roger Pilon and me on yesterday’s decision in Obergefell finding that states are constitutionally obliged to extend marriage to same-sex couples. I touch on some topics of wider interest (no, I don’t think polygamy is next; the Justices write and behave differently when it’s a really big case; the law’s treatment of churches mustn’t depend on whether their theology suits the government’s taste or not). And lots of more specialized points, such as Roberts’ weird demonization of the famed Lochner case in his dissent (“gay marriage and laissez-faire capitalism, peas in a pod!”), what I call Kennedy’s “gin and tonic” method of mixing Due Process with Equal Protection, and a remarkable story by Roger of getting Scalia to admit he doesn’t think the Court was correct when it recognized a constitutional right to send one’s kids to private and religious schools.
P.S. And here’s a video version of the same conversation:
The Jason Kuznicki paper I mention — on how legal practicalities undercut the idea of the government “getting out of marriage” in the sense of not attempting to certify who is married and who not — is here.
More links: Ilya Shapiro reacts at Cato (which had filed an amicus brief on the winning side urging an Equal Protection rationale, written by William Eskridge Jr. of Yale Law, Roger Pilon, Ilya Shapiro, and Trevor Burrus). David Bernstein has a lot to say about the continuity between Obergefell and the pro-individual-rights tradition of jurisprudence overthrown by the New Deal. Among those who approve of the outcome but would send the whole thing back for editing are Timothy Sandefur and Ilya Somin. Evan Bernick (writing before the decision) on the need for strong religious liberty protection. And David Boaz on how libertarians were there long, long before most others caught up. “The Libertarian Party endorsed gay rights with its first platform in 1972.” That’s not a misprint: 1972.
As legal environment continues to evolve, patent values decline
Patents for mobile technology have been receding somewhat from the sky-high values seen earlier amid intense litigation and legal developments may be among the reasons [Ina Fried, Re/Code]:
Over the past couple of years, more patents are being overturned as part of a more extensive post-grant review process at the patent office. Various court rulings have also made it harder to get injunctions on standards-essential patents. Finally, the Supreme Court set new limits in a key case over software patents, known as the Alice decision.
More on Alice v. CLS Bank here.