Maryland bicycling advocates can tell the difference, and are opposing a proposal by Del. Maggie McIntosh (D-Baltimore) to mandate helmet use. There’s a lesson somewhere in there, or so I surmise in my new Cato post. Update: more details from an opponent.
Massive new mandate for schools to provide disabled sports
Don’t you wish we’d heard more about this before the election, and not just afterward?
Breaking new ground, the U.S. Education Department is telling schools they must include students with disabilities in sports programs or provide equal alternative options. The directive, reminiscent of the Title IX expansion of athletic opportunities for women, could bring sweeping changes to school budgets and locker rooms for years to come.
Schools would be required to make “reasonable modifications” for students with disabilities or create parallel athletic programs that have comparable standing as mainstream programs.
[AP/Yahoo, New York Times, Michael Petrilli/NR (“The Obama Administration Invents a Right to Wheelchair Basketball”)]
Chicago judge not guilty by reason of insanity
At Cook County Judge Cynthia Brim’s trial this week, “she was found not guilty of misdemeanor battery because she was ‘legally insane’ at the time.” Cook County voters re-elected Brim in November despite reports of her troubles [South Bend Tribune/Chicago Tribune, earlier]
Law schools roundup
- Universities’ prestige game: will “zombie law schools” drag down the rest? [Gerard Magliocca]
- Law as undergraduate degree works in advanced countries like Germany and Britain, could work here too [Bainbridge]
- It’s a capitalist plot! Steve Diamond of Santa Clara assails Brian Tamanaha’s critique of law schools as too redolent of Hayek, Cato [SSRN, background, more]
- “That’s pretty good reason to speak up: Thomas Breaks 5-year Silence During #SCOTUS Arguments to Mock Yale” [@DavidMastio]
- Dean who took huge pay packet for dismal results is also immediate past president of ABA law school panel [Campos]
- Does the California experience undercut arguments for relaxing accreditation? [Matt Bodie]
- “What Do Law Professors Think About the Critiques of the Law Schools?” [Orin Kerr]
Donald Trump v. Bill Maher
The best headline is at the ABA Journal: “Trump suit says he’s not ape spawn, seeks to collect on Maher’s ‘unconditional offer’”. Eugene Volokh writes that while Maher’s “orangutan” swipe was clearly a joke, the prospect of sanctions over a Trump court action isn’t. More: Lowering the Bar.
P.S. Someone in the Volokh comments section brings up the McDonald’s hot coffee case, provoking the usual misplaced condescension along lines paralleling the trial bar’s strenuous advocacy efforts on the issue. I do appreciate, though, the suggestion that I trademark the epithet “the goober at Overlawyered.”
P.P.S. Disgruntled beauty pageant contestant ordered to pay Trump $5 million.
“When can the U.S. kill one of its own?”
On President Obama’s memo on targeted extrajudicial killing of Americans, a roundtable at NYT “Room for Debate“; Glenn Greenwald; Brad Wendel, Legal Ethics Forum; Jack Goldsmith and Benjamin Wittes/Susan Hennessey at Lawfare; Trevor Burrus, Cato, Lowering the Bar.
February 7 roundup
- You mean Philadelphia traffic court wasn’t on the up-and-up? [ABA Journal] DUI prosecution in Lafayette Parish, La. had become quite the tidy business [Scott Greenfield]
- Match.com sued after date assault [FindLaw]
- Sweden is at cutting edge of free-market policy innovation [Adrian Wooldridge, The Economist]
- Big victory for Institute for Justice as federal court strikes down new IRS tax preparer rules [Katherine Mangu-Ward] 97% of Chicago tax preparers out of compliance with local licensing regs? [TaxProf]
- A sentiment open to doubt: Heritage claims “there is no ban on same-sex marriage” in any state [Ryan Anderson] Support from PM Cameron, other senior Conservatives instrumental in British passage of same-sex marriage [Peter Jukes, Daily Beast] New beyond-the-culture-wars initiative on marriage from David Blankenhorn and colleagues at Institute for American Values [Mark Oppenheimer, NYT]
- “Why not a waiting period for laws?” [Glenn Reynolds, NY Post]
- As he steps aside, recalling some of the accomplishments of longtime Cato Institute chairman Ed Crane [Cato Policy Report, PDF]
- R.I.P. Maureen Martin, legal affairs fellow at Heartland Institute whose work touched many [Jim Lakely]
Feds’ case against Standard & Poor’s
John Carney, Daniel Fisher (more), Ira Stoll, David Henderson, and Jonathan Weil have some questions about it.
Union violence and legal impunity
Philadelphia: “Union Workers *Probably* Torched a Quaker Meetinghouse Over Christmas” [John Ross; Steve Volk, Philadelphia Magazine] The U.S. Chamber of Commerce has compiled a report [PDF] on ways in which state laws exempt unions and their members from otherwise applicable criminal laws [Sean Higgins, Washington Examiner (“Union organizing exempted from stalking laws in four states”), Nathan Benefield/Commonwealth Foundation] Columnist Fred Wszolek says the sponsors of “Freedom from Workplace Bullies Week” might need to cast their net a bit wider. And see
August 1999 post in this space (unions have secured for themselves immunities from civil liability far more extensive than most businesses dream of); Grover Norquist/Patrick Gleason, Reuters (exemptions from anti-stalking laws).
Food and farm roundup
- In Washington, DC today? Come to Cato New Media lunch where I’ll be on a panel on the nanny state;
- Future of food freedom looking brighter these days at state level [Baylen Linnekin] Polls looking good for it, too [same] “The FDA’s Pathetic Food Safety Proposal” [same]
- “Class claim against Crock-Pot seems a crock” [Sean Wajert]
- USDA issues proposed rules on vending machine fare and other school “competitive foods” [Lunch Tray, SmarterTimes, Julie Gunlock/IWF (good news: rules don’t address bake sales and birthday cupcakes. Bad news: why is this Washington’s business at all?)]
- Lawyer suing Subway over “Footlong” also handled controversial red-light camera action [NJLRA]
- So, lung, it’s been good to know you: fans of authentic Scottish haggis still vexed by US ban [BBC]
- “New Year, New Hot Coffee Case” [Abnormal Use]