Don’t hold us to time limits for suing, the nation’s at war

Last year I wrote a piece for Jurist on the Wartime Suspension of Limitations Act (WSLA). Now the False Claims Act case of Kellogg Brown & Root Services, Inc. v. United States ex rel. Carter is before the Supreme Court, which heard oral argument on Tuesday. [transcript; Ronald Mann/SCOTUSBlog; WSJ editorial; Courthouse News; earlier here and here]

Labor and employment roundup

  • Obama wants Hill to force paid leave on employers. What, his rule-by-decree powers didn’t stretch that far? [RCP, USA Today] Department of Labor, using funds taxed from supporters and opponents alike, happy to act as frank advocate for legislation [its blog]
  • Employers brace for salaried-overtime mandate, wrought by unilateral Obama decree [KSL, earlier at Cato]
  • Related: “Employers To Face More Litigation In 2015 As Plaintiff Lawyers Swoop In” [Daniel Fisher on Gerald Maatman/Seyfarth Shaw report] Here come more NLRB decisions too [Tim Devaney, The Hill]
  • Krugman on minimum wage: two economists in one! [Donald Boudreaux, Cafe Hayek via Coyote, @Mike_Saltsman (“Min wage in France is closer to $12/hr US. But Krugman still being inconsistent bc he’s also backed $15 US minimum”)]
  • Five pro-de Blasio unions — SEIU/1199, teachers, hotel workers, doormen/building staff, CWA District 1 — help enforce NYC mayor’s agenda [NYDN]
  • Testimony: “worst-kept secret” in Philly ironworkers’ union was that you could get ahead through violent “night work” [Philadelphia Inquirer; earlier on Quaker meetinghouse arson here and here, related here]
  • Loads of new compliance burdens: “Changes in California Employment Law for 2015” [Baker Hostetler] And it wouldn’t be California without many more employer mandates pending in legislature [Steven Greenhut]

Supreme Court roundup

  • Perez v. Mortgage Bankers: can agency escape notice-and-comment requirements for new rulemaking by couching edict as other than a rule? [The Hill]
  • Contrary to imaginings in some quarters, anti-business side doesn’t lack for access to front-rank Supreme Court advocates [Tom Goldstein, SCOTUSBlog]
  • Speaking of which, Alison Frankel’s profile of Prof. Samuel Issacharoff’s work on behalf of class actions illuminates little-seen world of cert practice [Reuters]
  • After two near misses, it’s time for Justices to turn thumbs down on housing disparate impact theory [Ilya Shapiro and Gabriel Latner, Cato]
  • Integrity Staffing v. Busk: Court unanimously rules Fair Labor Standards Act does not require overtime pay for security screening after work [SCOTUSBlog, Michael Fox, On Labor, Daniel Fisher, Dan Schwartz]
  • “Religious Liberties for Corporations? Hobby Lobby, the Affordable Care Act, and the Constitution” [Cato panel discussion with Roger Pilon, Ilya Shapiro, Randy Barnett, David Gans]
  • Some local governments presume to license local tour guides, which amounts to requiring a license to speak [Shapiro and Latner, Cato]
  • More: 1997 flap over sculpture of Muhammad in Supreme Court building mostly subsided after Islamic scholar interpreted it as gesture of goodwill [Jacob Gershman, WSJ Law Blog]

Public choice and D.C.’s ill-managed Metro

I’ve got a new post at Cato about the perennial problem of poor governance at Washington, D.C.’s WMATA Metro subway system, which on Monday suffered a smoke-in-tunnel accident that cost the life of a passenger and sickened many more. Excerpt:

If the cream of the nation’s political class, living within a 50 mile radius in Virginia, Maryland, and D.C., cannot arrange to obtain competence from their elected local officials in delivering a public service that’s vital to their daily work lives, what does that tell us about their pretensions to improve through federal action the delivery of local government services – fire and police, water supply and schooling, road maintenance and, yes, transit itself – in the rest of the country?

Reactions from George Leef (“it tells us that we should ignore them”), @jasonkeisling (“If it had been Uber, the gov would ban their service. But no need to address any problems with metro.”), and Christine Sisto/National Review. The Washington Post succinctly summarizes local outrage about the service’s failure to live up to its boasts of a “culture of safety”, while Washington City Paper, Aaron Wiener reviews Metro’s sluggish response to a series of previous safety crises and breakdowns.

A lot of literature — like this recent study cited by the Regional Plan Association — tends to confirm the idea that transit operations work better when governance is arranged so as to provide clear lines of responsibility and accountability. WMATA, which has gone through many general managers over the years, suffers from a weak, too-many-cooks board structure in which two each of eight board seats are filled by Maryland, Virginia, the District, and the federal government, along with another two alternates for each of the four jurisdictions.

On Wednesday morning at 9:15 a.m. I’m scheduled to be on Fox 5 WTTG Morning News television to talk about these ideas.

More: Michael Brickman, Flypaper. @politicalmath recalls when Metro got $200 million from the stimulus program to “create a safety culture.” Another comment from @jasonkeisling: “No accountability. Imagine if a private company had an incident like this…”

Best of Overlawyered — December 2014

Last of our highlights roundups: