- Attitudes on law enforcement now function as culture war rallying point and vehicle of identity politics on both sides [Dara Lind] Good news on officer safety: “Line of duty deaths this year approached a 50-year low” [Ed Krayewski]
- SWAT deployment and police militarization — in rural Western Massachusetts [Seth Kershner, Valley Advocate] Trump still wrong on this issue [Eric Boehm]
- Would it be easier to address America’s high rate of fatal shootings by police if the focus were allowed to slip off race for a moment? [Conor Friedersdorf]
- Neighborhood police checkpoints employed in West Baltimore for several days in November, yet in 2009 DC Circuit, via conservative Judge Sentelle, found them unconstitutional [Colin Campbell and Talia Richman, Baltimore Sun; Elizabeth Janney, Patch]
- What should be done to address rising crime rates? Federalist Society convention panel video with Dr. John S. Baker, Jr., Heather Childs, Adam Gelb, Hon. Michael Mukasey, George J. Terwilliger III, moderated by Hon. David Stras;
- In Collins v. Virginia, Supreme Court has opportunity to reaffirm that home is truly castle against police search [Cato Daily Podcast with Jay Schweikert and Caleb Brown]
Archive for January, 2018
Seattle: beverage tax backers on sugar high
THEY ARE NOT MESSING AROUND WITH THE NEW SUGAR TAX IN SEATTLE pic.twitter.com/xqmj7940y2
— hayden ? (@HaydenBedsole) January 5, 2018
The city of Seattle has now put its stiff new 1.75 cents per ounce tax on sugary beverages (text of bill) into effect, and Costco managers in the tech city, much to their credit, have not hesitated to post signs informing shoppers of its impact. According to a reporter’s photo, the sign atop a Gatorade Frost Variety Pack lists the regular Costco price of $15.99 along with $10.34 in newly added Seattle tax for a total of $26.33. Helpfully, an adjacent sign advises shoppers that the same item “is also available at our Tukwila and Shoreline locations without City of Seattle Sweetened Beverage Tax.”
Following KIRO7 News coverage of the story, Scott Drenkard of the Tax Foundation wrote a funny Twitter thread on the positions taken by the various advocates:
- “First they interview people at the Costco who are rightfully shocked at how high prices on soda and sports drinks are now (they are almost doubled).”
- “Then they interview a public health advocate who says ‘that’s right! We want these prices to change people’s behavior and slow sales!’”
- “Then they talk to the consumer, ‘think you’ll change your behavior, maybe even shop somewhere else?’ And she’s like, ‘ya the Tukwila store is close enough.’ Then they ask a city council member if this will hurt local biz, who says ‘there is no data’ suggesting that.”
- “Then the SAME public health advocate says that people won’t respond to price increases, shopping elsewhere because it isn’t ‘worth their while.’”
- “You can’t have it both ways people! The tax is either big enough to elicit behavior change, which would slow sales and hurt local biz and potentially reduce calories, or it isn’t. Get your stories straight!”
In 2016 I wrote about Philadelphia’s soda tax that “while all taxes are evaded to some extent, excise taxes are especially subject to evasion based on local geography”, and followed up on the Philly measure’s possible openings for unlawful evasion and eventual public corruption. Seattle authorities intend to use the hoped-for $15 million revenue stream to fund various causes and organizations including an effort to bring fresh fruits and vegetables to urban neighborhoods, even though the once-voguish “food deserts” theory blaming dietary choices on the retail environment has sufferedone debunking after another in recent years. [cross-posted and expanded from Cato at Liberty]
P.S. I used to see this constantly from trial lawyers and their advocates on the question of whether it was a good thing for liability insurance rates to rise reflecting the big liberalization of tort recovery that was going on when I wrote The Litigation Explosion. Higher rates were socially desirable, they would say, because they would expose and discourage dangerous actors, such as incompetent doctors and drivers. There followed a big public reaction when it turned out it was not so easy to pick out bad apples ahead of time and that entire specialties like obstetricians and neurosurgeons were having to pay massive premiums. They then switched to the position that there was no connection between expected future payouts and liability premiums, that the problem was insurance companies being greedy, and that liability insurance rates should be frozen by law.
P.P.S. “Philadelphia implemented a 1.5-cent tax on soda in January of last year. …By August, the marketing firm Catalania found a 55 percent decline in the sale of carbonated soft drinks within the city limits — and a 38 percent jump in stores just outside of Philadelphia. Revenue from Philadelphia’s soda tax has also proven disappointing, coming in at $7 million below projections for fiscal year 2017.” [Christian Britschgi, Reason]
Best of Overlawyered — June 2017
- More tales of motorist-beware Tenaha, Texas;
- Indigenous advocates propose UN measures to make cultural appropriation illegal worldwide;
- “Man who jumped from ambulance says it’s New York City’s fault”;
- Tenants of London’s ill-fated Grenfell Tower “repeatedly complained about safety concerns; their landlord hired a lawyer who threatened to sue them for libel.”
- 4 x 4 lumber isn’t really four by four in dimensions, and if that comes as news to you, you might be a class action plaintiff;
- From 1890s to 1920s: “The Forgotten War on Chinese Restaurants.”
- Eleventh Circuit: “the practical problems with suing a dog are virtually endless.”
Marijuana, federalism, and law enforcement
Attorney General Jeff Sessions has rescinded an earlier Justice Department memo which had prescribed a hands-off approach to enforcing some aspects of the federal ban on marijuana in states that have legalized the drug for medical or recreational use. A needless step backward for federalism and state autonomy, or a necessary implication of the rule of law and the associated geographical uniformity of federal law? Some commentaries: Ken White/Popehat; Jacob Sullum (“Although [the] move reflects Sessions’ well-known opposition to marijuana legalization, it is not clear how big an impact it will have on the cannabis industry, because federal prosecutors have always had broad discretion but limited resources in this area”); Jonathan Blanks (“This move endangers state-legal businesses and violates the principle of federalism that has been central to the Republican Party for decades”); Jonathan Adler; Ilya Somin; Jeffrey Miron (“Marijuana liberalizations (decriminalization, medicalization, and legalization) have generated none of the negatives asserted by Sessions [who compares the drug to opiates and links it to violence]; in fact, the evidence shows minimal impact on use, health, traffic safety, education, or crime”).
“The Case for Protecting Commercial Speech”
Cato podcast: “Should commercial speech receive diminished First Amendment protection? Martin Redish of Northwestern Law School made his case at the Cato Institute’s conference on the First Amendment.” We linked Prof. Redish’s Cato Policy Analysis on the subject last summer.
Des Moines Register on disabled “dog lawyer”
A disabled attorney known for filing dozens of suits against animal control authorities, and for frequent courtroom clashes with judges as well as a wide range of other adversaries, is the subject of a Des Moines Register profile. “In recent weeks, McCleary launched a multi-pronged effort to block the publication of this article.” He has sought accommodations for courtroom conduct under the Americans with Disabilities Act. Despite the run-ins, his “license to practice law is spotless, with no record of any public disciplinary action taken by the Iowa Supreme Court.” [Clark Kauffman, Des Moines Register; Insurance Journal (public records request indicates insurers for city of Des Moines paid him $2.1 million following claim of head injuries from falling garbage can)]
States ranked on paternalism
“Wyoming has the most freedom from paternalism, while New York is the most paternalistic state.” 50-state survey [Russell Sobel and Joshua Hall, Mercatus Center] From: “For Your Own Good: Taxes, Paternalism, and Fiscal Discrimination in the Twenty-First Century,” new Mercatus book on sin taxes edited by Adam Hoffer and Todd Nesbit.
Occupational licensure roundup
- Adam Smith’s famous line about members of the same trade meeting together was a reference to occupational licensure — and Colorado’s unique delicensing of funeral directors in 1983 allows a natural experiment [Brandon Pizzola and Alexander Tabarrok, Cato Research Brief]
- “The Most Bizarre Licenses in Michigan: Potato dealers, foresters, butter graders and more” [Jarrett Skorup, Michigan Capitol Confidential]
- “In Hawaii, it takes an average of 988 days and $438 in fees to become licensed to perform one of many occupations under the thumbs of state regulators.” [J.D. Tuccille, Reason] More: Eric Boehm (“The Five Most Outrageous Licensing Stories of 2017”);
- A licensure infographic [Eric Boehm, Reason, using data from Wisconsin Institute for Law and Liberty]
- Maryland General Assembly piles absurd new continuing education mandates on licensed cosmetologists [Anastasia Boden, PLF]
- “Bottleneckers: The Origins of Occupational Licensing and What Can Be Done About Its Excesses” [Dick M. Carpenter, Federalist Society]
“We Were Wrong about Stop-and-Frisk”
“I and others argued that crime would rise [in NYC]. Instead, it fell. We were wrong.” [Kyle Smith, National Review]
Of course, to the extent that stop-and-frisk police practices violate the U.S. Constitution — as they often do — NR should have known better than to support them even if they showed some results. Aside from that, though, it’s good to be open to changing one’s mind based on evidence.
Best of Overlawyered — May 2017
- “Cleveland police union plans to sue toy gun makers“;
- They all did it: “Families of San Bernardino Shooting Sue Facebook, Google, Twitter”;
- “Recruiting on campus might be an age discrimination violation“;
- “N.J.: “Drunken driver hurt in crash sues bars for serving him alcohol“;
- California memorabilia law could tank small bookstores;
- Eleventh Circuit: employee caught vacationing while on medical leave can sue over firing;
- Before bringing a monkey into the courthouse in your purse, read this;
- Federal judge orders UPS delivery giant to pay nearly $247 million for not asking questions about bulk shipments from Indian reservations (they contained untaxed cigarettes).