Overlawyered: Chronicling The High Cost Of Our Legal System

Archive for January, 2018

Self-service gas arrives in (parts of) Oregon

Until this week, Oregon and New Jersey were the only two states to ban self-serve gas stations. Oregon just ended its ban as to rural counties, despite warnings from defenders of the old law that ordinary motorists might not be up to the task of handling pumps without causing fiery infernos or spills. [Brian Manzullo, Detroit Free Press]

As for New Jersey’s ban, Paul Mulshine wrote a column three years ago exploring its unlovely origins. He explains the oft-remarked New Jersey paradox — the state beats its neighbors on gas price even though all pumps are full-service — by noting that the Garden State has had (until recently) a relatively low gas tax and is located amid refineries and import operations, helping keep transport costs down. More: R.J. Lehmann, 2015.

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January 3 roundup

  • California attorney known for suing bars over “ladies’ nights” sues comedian Iliza Shlesinger over “Girls Night In” show [Gene Maddaus, Variety]
  • “Jury Rejects Damages for Victims of SWAT Raid Based on Wet Tea Leaves Cops Said Was Pot” [Jacob Sullum, Radley Balko, earlier here, here, and here]
  • Before calling Star-Spangled Banner “ode to slavery,” newly inaugurated St. Paul mayor should have read my NR piece [Tad Vezner, Pioneer Press]
  • From Prof. Stephen Presser, ideas on reforming legal education [Law and Liberty]
  • Why administration’s appellate nominations tend to be all-of-a-piece while district court nominations are more a mixed bag [Jonathan Adler]
  • Some policy questions about last month’s Amtrak 501 wreck outside Seattle [Randal O’Toole, Cato and more]

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“This can’t possibly be consistent with the First Amendment”

California is prosecuting a man under state electronic-harassment law for posting five insults on an Islamic Center’s Facebook page [Eugene Volokh] A court filing by California Attorney General Xavier Becerra denies that the insults are protected speech or that the law is unconstitutional as applied. UCLA First Amendment expert Eugene Volokh writes, of California’s logic defending the prosecution: “This can’t possibly be consistent with the First Amendment.”

Related: New Jersey Supreme Court adopts narrow reading of criminal harassment statute so as to avoid covering repeated offensive speech which, though intended to annoy, does not invade privacy or put target in reasonable fear as to safety or security.

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Environment roundup

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