- R.I.P at 91 Nat Hentoff, magnificent cultural figure, champion of free speech and civil liberties [Tim Lynch; Cato biography page with links to commentaries; related YouTube playlist; his last Village Voice column; trailer on documentary; large archive at Unz.org including work for Inquiry; remembered by free speech expert Ronald K.L. Collins, with many links]
- “Self-Proclaimed Inventor of Email Files Defamation Lawsuit Against Techdirt’s Mike Masnick” [THR, Esq./Hollywood Reporter; “the latest case from attorney Charles Harder, who previously represented Hulk Hogan against Gawker”]
- In the mail: Paul Cliteur and Tom Herrenberg, eds., The Fall and Rise of Blasphemy Law [Leiden University Press]
- On porn, some GOP lawmakers favor wacky litigation theories; others, a nanny state approach [Elizabeth Nolan Brown (Utah proposal), A. Barton Hinkle (Virginia)]
- The most damaging way for Trump to attack the press could be the one Obama has already laid out, namely pursuit of leaks and leakers [Peter Sterne/Politico, Mike Masnick/TechDirt] Mark Feb. 3 on calendar for Cato panel on free speech under Trump with Flemming Rose, Frank Buckley, Robert Corn-Revere; earlier Cato panel with Rose and Nick Gillespie on free speech in age of Trump now online; related on Trump’s antagonism toward critics from Jacob Sullum, Eugene Volokh;
- If Euro-style hate speech law ever sneaks into U.S., enactments like Louisiana’s Blue Lives Matter law may show the way [Scott Shackford, Reason; earlier]
Archive for January, 2017
Thwarted love and insurance coverage
From the First Circuit’s opinion introducing the case of Sanders v. Phoenix Insurance Company, arising out of somewhat lurid facts touching on both insurance coverage and professional responsibility:
SELYA, Circuit Judge. This case begins with a tragic tale of unrequited love and morphs into a series of imaginative questions regarding the coverage available under a standard form homeowner’s insurance policy. But when imagination runs headlong into settled legal precedent, imagination loses. Recognizing as much, the court below dismissed the complaint. After careful consideration, we affirm.
Liability roundup
- Florida convict blames Verizon for letting him steal man’s identity [WFTV]
- Carving the carcass: class-action lawyers’ fee-ing frenzy [Boston Globe, Daniel Fisher]
- Allianz report on state of directors and officers’ liability insurance market;
- Disbarred “Master of Disaster” Stanley Chesley fights paying victims of fen-phen settlement fraud [James Pilcher, Cincinnati Enquirer]
- As we’ve discussed on many occasions, supposed “Winnebago cruise control lawsuit” tale is a great big urban legend, but plenty of others alas are quite true [Bob Dorigo Jones]
- Will liability reform in Illinois ever manage to get around Speaker Michael Madigan? [Daniel DiSalvo, City Journal]
Manhattan eatery: overregulation did us in
Loyal patrons of well-known Manhattan restaurant China Fun were surprised by “the restaurant’s sudden Jan. 3 closing,” explained by owners’ son Albert Wu in a goodbye letter citing ten categories of regulation-driven cost including health insurance, insurance, and the minimum wage [New York Daily News]. The “endless paperwork and constant regulation that forced the shutdown accumulated over the years”:
“The climate for small businesses like ours in New York have become such that it’s difficult to justify taking risks and running — nevermind starting — a legitimate mom-and-pop business,” read a letter posted by the owners in the restaurant’s front door.
“The state and municipal governments, with their punishing rules and regulations, seems to believe that we should be their cash machine to pay for all that ails us in society.” …
Wu cited one regulation where the restaurant was required to provide an on-site break room for workers despite its limited space. And he blamed the amount of paperwork now required — an increasingly difficult task for a non-chain businesses.
“In a one-restaurant operation like ours, you’re spending more time on paperwork than you are trying to run your business,”
A spokesman for the office of New York City Mayor Bill de Blasio said the city offered small business free help from compliance advisers.
Dilatory disrobing not dockable
“Federal judge rules it’s against state law to dock strippers’ pay if they remove their clothes too slowly” [Wisconsin; BNA via @jonsteingart]
“Contractor sues Chesapeake couple for $90K over squirrel attack”
A Virginia contractor bitten and scratched by a squirrel has sued a nearby couple who he says had fed the animal and encouraged it to interact with humans. “We’ve already proven the fact that this wasn’t our squirrel…It’s not a pet,” said the defendant husband. [Virginian-Pilot (Norfolk), Lowering the Bar]
Walnut shell powder exfoliant
Some users swear by skin care products that employ walnut shell powder as an exfoliant, such as St. Ives Apricot Scrub, while others find the ingredient too abrasive and believe it injures the skin. How to resolve the disagreement? Run to court, of course [L.V. Anderson, Slate]
Police and community roundup
- Fraternal Order of Police asks Amazon to stop allowing sales of Black Lives Matter shirts after Walmart.com yields to similar request [Ben Rosen, Christian Science Monitor] FOP boss Chuck Canterbury, defending civil asset forfeiture: hey we could use the money [Scott Shackford] FOP chief vows to override Pennsylvania governor’s veto of bill that would shield names of involved police officers for 30 days after killings of civilians [CBS Philadelphia]
- Technology panel from Cato policing conference included law professors Tracey Meares of Yale and Elizabeth Joh of UC Davis, City of San Jose independent police auditor Walter Katz, and Maj. Max Geron of the Dallas PD, moderated by Cato’s Jonathan Blanks [video or podcast] “Police Spy Tools Evolve Faster Than Lawmakers Can Keep Up: Baltimore’s aerial surveillance continues unchecked” [Monte Reel, Bloomberg BusinessWeek]
- One effect of ban on smoking in New York City public housing: new excuse for cops to bust in [Scott Greenfield]
- “WSJ investigation: Of 3,458 US police officers charged with crimes, 332 (10%) kept their badges” [@johngramlich]
- “San Francisco has become a predatory government,” says its elected treasurer [José Cisneros, San Francisco Chronicle]
- Don’t let quest to increase police accountability worsen problem of intrusive surveillance [Matthew Feeney on Jake Laperruque presentation at Cato’s recent surveillance conference]
To head SEC, Trump picks a FCPA critic
Jay Clayton of Sullivan & Cromwell, president-elect Donald Trump’s choice to head the Securities and Exchange Commission, has not taken a high-profile role in policy debates but according to MarketWatch was involved in preparing a 2011 report for the New York City Bar critical of enforcement of the Foreign Corrupt Practices Act (FCPA). That’s a point in his favor, I argue at Cato, since the case against zealous FCPA enforcement is well established. Related earlier, and Texas Public Policy Foundation 2014. More: Andrew Ramonas, BNA Bloomberg.
Schools and childhood roundup
- “California’s Absurd and Insidious ‘Bill of Rights for Children’ Invites Pernicious Meddling” [Jacob Sullum]
- “1 in 4 U.S. teachers are chronically absent, missing more than 10 days of school,” and rate in some districts reaches 80+%; AFT chief Randi Weingarten cites “root causes” [Alejandra Matos, Washington Post]
- Steve Horwitz reviews Abby Schachter’s book No Child Left Alone: Getting the Government Out of Parenting [Law and Liberty, earlier] “Napping Child Left in Car While Parents Run Quick Errand, Everyone Loses Their Minds” [Lenore Skenazy; Valley Stream, Long Island]
- Ex-teacher who passed out after showing up drunk to elementary school field trip gets $18,000 settlement to resign, then further $75,000 on argument town should not have released her blood alcohol results [Fox News; Janesville, Wisc.]
- Employment complaint filed on behalf of assistant principal against Chappaqua, N.Y. school district makes unfortunate first impression by misspelling name of Horace Greeley High School [Taylor complaint via @TheSuburbanist; Examiner News, Chappaqua Voice]
- “Youth hockey game leads to adult spectator fight — is the league liable?” [Eugene Volokh]