- Does money rule politics? As of late October Trump campaign had been badly outspent by Clinton, with Super PAC money favoring her by more than 3-1 [Bloomberg]
- Clinton v. Jones, 520 U.S. 681 (1997), on whether private lawsuits can proceed against a President while in office, “potentially quite important again.” [Orin Kerr]
- Related, from Ken White at Popehat a few days back: stop painting the civil suits against Donald Trump as worse than they are;
- “Democrats, please: Do not respond by doubling down on identity politics. That is poison in a multi-ethnic democracy.” [Jonathan Haidt]
- Maricopa County, Ariz. sheriff Joe Arpaio, a frequent target in this space, loses re-election bid [NPR]
- Successful ballot measure will make Maine first state to adopt “ranked-choice” preferential voting [Ian Farrow, Tyler Cowen]
- More: What Donald Trump’s election will mean for the Supreme Court [Josh Blackman, Ilya Shapiro]
Food roundup
- In farmer’s market raid, USDA shows exactly how much regard it has for new Food Freedom Acts in Wyoming, elsewhere [Baylen Linnekin, Reason] More on Baylen Linnekin’s new book [Nick Gillespie, and earlier]
- “Should You Take the Government’s Dietary Advice?” [Terence Kealey in new “Ask a Cato Expert” series, earlier here, here, etc.]
- USDA orders school districts to forbid marketing of so-called competitive foods, which might raise a First Amendment question or two [Washington Legal Foundation]
- Watch those median spurs: “Texas Rangers Oppose Bacardi’s Logo For Green Tea Spirit Because Of The ‘T'” [Timothy Geigner, TechDirt]
- Surely a clever parody, no? Pick-your-own apple orchards said to shed “light on some unflattering truths about the American economy.” [Slate]
- How progressivism and the New Deal helped promote insipid Home Economics cookery [Joseph Bottum]
They’ll be watching you (and your kibble purchases)
King County (Seattle) uses grocery loyalty card data to figure out who owns pets, according to a new report from local station KOMO. It then sends them letters warning of a $250 fine if they do not license the animals. The “county said they pay the company who pays stores such as Safeway …for access to customer data contained in every one of those reward card swipes.” And “the mailers work. Just last year they brought in more than $100,000 in new pet licenses.”
But remember, government needs access to Big Data to fight terrorism. [cross-posted from Cato at Liberty]
“Knives Needed, Attorney Says After Choking On Popeyes Chicken”
“A Mississippi attorney is suing Popeyes after he says he choked when he had to eat a piece of fried chicken with his hands because a knife wasn’t included in his drive-thru order.” [AP/CBS Dallas, complaint] Update: he drops suit.
Disabled rights roundup
- As filing mills, web accessibility concepts go nationwide and appeals court green-lights use of “testers”: “Disability Lawsuits Against Small Businesses Soar” [Angus Loten, Wall Street Journal]
- More on legal imperilment of universities’ free online course offerings [George Leef and thanks for quote, earlier here, here]
- Bill filed by Sen. Jeff Flake (R-Ariz.) would provide for “notice and cure” of some ADA violations [East Valley Tribune]
- Supreme Court’s CRST decision might open door for defendants to recover legal fees in more ADA cases that did not result in merits ruling [William Goren, earlier on CRST]
- Prenda Law founder loses law license, won’t be filing access suits for a while [Mike Masnick, earlier]
- Jury backs Austin, Tex. police officer with narcolepsy [Austin American-Statesman, h/t Mark Pulliam]
Liability roundup
- “Big Bucks and Local Lawyers: The Increasing Use of Contingency Fee Lawyers by Local Governments” [Michael Maddigan, U.S. Chamber Institute for Legal Reform]
- Class actions: “The New Rule 23 Is Available for Public Comment,” comment period ends Feb. 15 [Andrew Trask]
- Aircraft Owners and Pilots Association urges Supreme Court to review Third Circuit case approving liability for FAA-approved part design [AOPA, Sikkelee v. Precision Airmotive Corp.]
- “An FCC ban on arbitration of privacy claims would be the anti-consumer-protection approach” [Geoffrey Manne & Kristian Stout, Truth on the Market]
- Montana case could bypass Daimler limits on state-court jurisdiction in cases under the Federal Employers’ Liability Act, Washington Legal Foundation urges certiorari [BNSF v. Tyrrell]
- Insurers brace for new tilt of adverse doctrine as American Law Institute mulls Restatement of the Law of Liability Insurance [Nicholas Malfitano, Legal Newsline/Forbes]
November 2 roundup
- Clarence Thomas completes a quarter century of distinguished service on the Supreme Court, not that certain journalists will ever see past their loathing [Adam White, Weekly Standard; Ann Althouse]
- Hollywood actor’s lawsuit-related vengefulness against anonymous Twitter troll endures past death [Mike Masnick]
- United Nations panel: U.S. owes racial reparations [PBS]
- “Yesterday’s Antitrust Laws Can’t Solve Today’s Problems” [Tyler Cowen]
- “As a gay man, I’m horrified that Christian bakers are being forced to surrender their beliefs” [Neil Midgley, Telegraph on ruling by Belfast, Northern Ireland court of appeal]
- Another review of Naomi Schaefer Riley’s new book, The New Trail of Tears: How Washington Is Destroying American Indians [W. B. Allen, earlier] ABA Journal covers ongoing controversy over Indian Child Welfare Act (ICWA) [earlier]
Banking and finance roundup
- Bank of England deputy governor: banks have incurred an estimated $275 billion in legal costs since 2008 and that’s been a drag on economic growth [Katy Burne and Aruna Viswanatha, WSJ]
- Economist Ken Rogoff proposes doing away with most large-denomination paper money so as to stifle crime, tax evasion and the like, and George Selgin of Cato pushes back;
- “M&A Lawsuits Plunge As Delaware Judges Make Them Harder To Settle” [Daniel Fisher]
- CFPB keeps pushing to expand its authority, but on lending rate caps it runs into a direct statutory limit [Thaya Brook Knight]
- House Financial Services Committee votes to repeal the awful conflict minerals rule [Marcia Narine via Bainbridge and more, earlier] And maybe the rest of Dodd-Frank too? [Mark Calabria]
- How the Swiss–American Chamber of Commerce sees FATCA, the overseas banking law vexing expats and legitimate business overseas [American Swiss Foundation]
“Points For Honesty: Pool Contractors Want to be Licensed so They Can Charge Higher Prices”
Sometimes the cartel-like effects of occupational and professional licensure are concealed by a sparkling reflective surface of consumer welfare talk. But sometimes, as in the case of remarks by the executive director of the Northeast Spa and Pool Association to a trade publication about a New Jersey proposal, you can spot them floating right there on the surface: “Frankly, we’re looking for a more professional industry — and you can raise the rates you’re charging because you’re … a (properly) licensed pool builder or service professional.” [Eric Boehm, Reason]
Related: “Hotel CEO openly celebrates higher prices after anti-Airbnb law passes” in New York City [Elizabeth Dwoskin, Washington Post] More: “Hotel Workers’ Union Gave $100K to Management’s Fight Against Airbnb” [Eric Boehm]
In Albany November 10
I’ll be giving the luncheon keynote address and doing a book signing at the annual meeting of the Lawsuit Reform Alliance of New York in Albany on Thursday, November 10. Details and registration here.