At oral argument yesterday in Babb v. Wilkie, a case on the standard needed to prove age discrimination in federal employment, Chief Justice John Roberts offered a hypothetical of a younger manager who says “OK boomer” to a job applicant. [Mark Sherman, AP] In November, we and others discussed the legal pressure on employers to keep employees from using that phrase. More: William Baldwin, Forbes.
Archive for January, 2020
January 15 roundup
- Should an assault that does not injure its target count as non-violent? New York’s version of bail reform encounters strong pushback amid rash of street attacks [Israel Salas-Rodriguez, Khristina Narizhnaya and Laura Italiano, New York Post; Lauren Krisai, Jason Pye, and Norman Reimer, Slate; Rafael Mangual (New Jersey’s reform compare favorably); Scott Greenfield]
- “I think if they pay a small [amount of] money to us on the island, it would be better”: Vanuatu indigenous group says bungee jumping has roots in traditional land-diving ceremony [Prianka Srinivasan, ABC (Australian)]
- Thread on AirBnB liability for crime [Kate Klonick on Twitter]
- Federalist Society podcast with Andrew Grossman commenting on outcome in New York v. ExxonMobil [earlier and generally]
- “The New York Times and the sheriff do not understand the ‘stand your ground’ defense. Or they are purposefully misinterpreting it.” [Jacob Sullum, Reason; earlier on SYG]
- Claim: businesses have incentive to stop marketing and selling to perennially discontented persons, and law should restrain them from doing that [Yonathan Arbel and Roy Shapira, Vanderbilt Law Review forthcoming]
Facebook won’t set itself up as arbiter of campaign ads’ truth
Facebook has done the right thing by not committing to a promise to identify and block false campaign ads, despite political pressure to do so [John Samples, earlier] I don’t think many people have an especially high regard for Facebook’s authority as a guide to political truth. Instead I think the demand for such a promise was driven largely by groups and factions that expect to be good at bringing pressure on Facebook management in the contentious ban-wars that would be certain to result.
For a taste of how the label of “false” in political controversy can depend on ideological presumptions and contestable judgments, here’s Christopher Snowdon’s brisk review of the claim circulated toward the end of the U.K. election campaign that 88% of the Conservative ads (but, conveniently, none of the Labour ads) were dishonest.
U.S. Department of Labor steps back on joint-employer rule
The U.S. Department of Labor has proposed a final rule stepping back from the Obama administration’s damaging effort to stretch the definition of “joint employer” so as to tag companies with liability over the employment actions of many franchisees, subcontractors and even suppliers. “The new rule beats a retreat from the past administration’s aim ‘to force much more of the economy into the mold of large-payroll, unionized employers, a system for which the 1950s are often (wrongly) idealized.’ That very same goal is at the root of California’s unfolding debacle with AB5, a law that tries to force many lines of freelancing into a direct-employment model and is already harming large numbers of workers it had purported to help.” I explain in a new Cato post.
Libel, slander, and defamation roundup
- Texas trims back its SLAPP law after complaints it was being used in circumstances far from original design [John G. Browning, D Magazine] Howard Wasserman on John Oliver on SLAPP suits [Prawfsblawg]
- In the U.S., sovereign governments can’t sue for libel. Does that include Indian tribes? [TMZ, Eugene Volokh]
- “Your Periodic Reminder that Blogging About Litigation Can Generate More Litigation” [Eric Goldman]
- Virginia emerges as libel tourism destination in high-profile cases [Justin Jouvenal, Washington Post; Paul Alan Levy, Public Citizen on Devin Nunes action, earlier]
- “Virginia Legislator Joe Morrissey Gets Called “Fool,” Sues, Arguing He’s Not a Fool” [Eugene Volokh] “Retired Law Professor Sues Lawyer-Commenters on Law Blog” [same]
- “Kansas senate leader ordered to pay nearly $39,000 in legal fees to The Kansas City Star after a judge dismissed his defamation lawsuit” [Katie Bernard, Kansas City Star]
“Car Wreck? Don’t Let It Take A Toll.”
It’s been a while since we’ve run a weird personal injury video ad, so here’s one. It’s from Louisville, Kentucky. One YouTube comment: “i’m gonna get shot just so i can file with these lawyers.”
P.S. Followup local news coverage, alongside man eating burrito.
Why can’t trade associations practice law?
An opinion by the Fourth Circuit sees a big difference between legal representation of unions or complainants — idealistic, pro-rights, good in short — versus legal representation of businesses. Is that so? And should the role of the First Amendment apply equally across the two cases? I explore the case of Capital Associated Industries Inc. v. Stein, from North Carolina, in a new post at Cato at Liberty.
Environmental roundup
- “The Climate Debate Should Focus on How to Address the Threat of Climate Change, Not Whether Such a Threat Exists” [Jonathan Adler, whose analysis of environmental law is often quoted in this space]
- “Grizzly Bears and Endangered Species Recovery” [Cato Daily Podcast with Brian Yablonski and Caleb Brown] “Property Rights as a Foundation for Conservation” [same, with Holly Fretwell and Brown]
- “If an environmentalist values the land more than ranchers do, then the environmentalist should get the lease.” [Shawn Regan, Reason; related on “diligence” regulations in federal resource leasing Robert M. Nelson, Regulation, Jan./Feb. 1983]
- “Litigation vs. Restoration: Addressing Louisiana’s Coastal Land Loss” [U.S. Chamber Institute for Legal Reform, earlier]
- Who will build the roads? Go ask Friedrich Engels [David Henderson, Econlib] Related: Market Urbanism Report podcast on road privatization and other topics with Robert Poole, Chris Edwards and others;
- “Florida Democratic Party adopts ‘rights of nature’ into platform” [Scott Powers, Florida Politics; see here, here, here, etc.]
The “public interest” campaign against dollar stores
The truly progressive position is to say people have a right to camp out and sleep in front of a store but not buy a bag of pretzels there. [Steven Malanga, City Journal; Convenience]
L.A. official’s tweets help NRA win First Amendment case
Last month a court struck down Los Angeles’s ordinance intended to discourage city contractors from dealing with the National Rifle Association (NRA), ruling it a First Amendment violation intended to chill speech and association. An amusing feature: the bill’s sponsor just couldn’t help grandstanding on Twitter and elsewhere about taking down the NRA, which provided the court with valuable evidence of the city’s intent. Moreover, the gun rights group has been making headway against similar efforts in San Francisco and New York state (led there by Gov. Andrew Cuomo) to target its pocketbook. I explain in a new piece at National Review.