“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).
Self-service gas arrives in (parts of) Oregon
— Virus X (@robertnlee) January 3, 2018
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.
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]
“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.
Environment roundup
- New regulations on international movement of rosewood create major hassles and risks for musicians, instrument makers [Robert Benincasa, NPR, earlier on exotic woods]
- “Argentinian geoscientist faces criminal charges over glacier survey” [Jeff Tollefson and Emiliano Rodríguez Mega, Nature]
- “The Progressive Roots of Zoning” [Samuel Staley, Market Urbanism]
- “Water Rights, Water Fights in the American West” [Reed Watson and Caleb Brown, Cato podcast]
- “Los Angeles Wants to Make Housing Affordable by Making it More Expensive” [Christian Britschgi, Reason]
- “Private Property Rights Collide With Invisible Frog” [Chris Bennett, Farm Journal, on cert petition in Markle Interests v. U.S. Fish and Wildlife Service, U.S. Chamber, earlier]
“DOJ Nixes All Pending ADA Rulemakings, Including Website Access Rules”
Congress still needs to step in to quash web accessibility suits. Pulling back rulemaking at the Department of Justice does not stop any of the private suits, nor does it curtail the wide-open scope of liability under the perceived precedent of the Winn-Dixie case [Minh Vu, Seyfarth Shaw]
Forward, into the past!
San Francisco Board of Supervisors bans most delivery robots [Kevin Underhill, Lowering the Bar (“Experts believe this to be only a temporary measure, largely because the hearing concluded with the disassembly and replacement of the existing carbon-based supervisors by gleaming new legibots.”)] Earlier here (sponsor concerned to save delivery jobs).