My new article at The Blaze, based (among other things) on a precinct analysis of the election results last month in Prince George’s County, Maryland: “the black precincts in P.G. with the strongest inclination toward social conservatism… gave Republican candidates a vote percentage more often associated with Libertarian candidates and rounding errors.” Although some Republicans have been keeping the runways clear and waving at every dot on the horizon for 20 years or more, the planes still aren’t landing (& welcome David Frum/Daily Beast readers).
“Unpaid Bloggers’ Bid to Reopen Huffington Post Lawsuit Rejected”
“Judges rejected a bid from unpaid bloggers at the Huffington Post to revive a lawsuit against AOL that contends the company should pay them a third of the $315 million it spent last year to buy the news site.” [Alexander Kaufman, The Wrap] “The problem with plaintiffs’ argument is that it has no basis,” observed the Second Circuit. [Politico, earlier here, here, etc.]
Hemingway museum needs zoo license for cats
Key West, Fla.: “The Ernest Hemingway Home & Museum reports that it currently houses between 40 and 50 cats [descended from the famous author’s beloved six-toed cat]…. A three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit ruled Friday that the Hemingway Home falls under the classification of an ‘animal exhibitor,’ subject to regulation by the U.S. Department of Agriculture under the Animal Welfare Act.” [David Demirbilek, Daily Caller; Christian Science Monitor; ABA Journal]
“Concussion Liability Costs May Rise, and Not Just for N.F.L.”
As we were saying: “colleges, high schools and club teams may be forced to consider severe measures in the face of liability issues, like raising fees to offset higher premiums; capping potential damages; and requiring players to sign away their right to sue coaches and schools. Some schools and leagues may even shut down teams because the expense and legal risk are too high.” [New York Times, also describing a coverage battle between the NFL and its insurers]
International law roundup
- U.N. children’s-rights treaty oversight committee seeks ban on foundling baby boxes [Global Post, Telegraph, Vancouver Province]
- BoJo has mojo: as sentiment burgeons in UK to quit European Union in whole or part, London Mayor Boris Johnson is listening [Reason]
- History of Chevron Lago Agrio litigation to date [Seeking Alpha, earlier]
- In Dubai talks, Western nations putting up stouter resistance to proposed International Telecommunications Union takeover of internet governance [Chicago Tribune, earlier here, etc.]
- Obama backs global arms trade treaty, Second Amendment groups deeply suspicious [David Kopel, Zachary Snider/TheDC, earlier, Ryan Scoville/Prawfs with contrary view)]
- 130-page resource guide to the Foreign Corrupt Practices Act [DoJ/SEC, earlier]
- “The immensely complex and burdensome conflict minerals disclosure debacle” [Bainbridge, earlier here, etc.]
“Can attorney committed to state psychiatric hospital still practice law?”
Not only can she, but it seems she does. [Austin American-Statesman]
Great moments in labor arbitration
It’s a wonder the citizens of Michigan aren’t more grateful to the United Auto Workers union for its many accomplishments [USA Today, Fox News]:
Chrysler took quick action two years ago after television news reports of workers at its Jefferson North plant in Detroit who were apparently drinking beer or smoking marijuana on lunch breaks against factory policies…. now they’re back on the job, having won an arbitration decision that reinstated them to their union jobs.
Prosecution and police roundup
- “The Cash Machine: How the Philly D.A. seizes millions in alleged crime money — whether there’s been a crime or not.” [Isaiah Thompson, Philadelphia City Paper via Alkon] Jacob Sullum on the Motel Caswell forfeiture case [syndicated, earlier]
- Online symposium on Brandon Garrett’s Convicting the Innocent: Where Criminal Prosecutions Go Wrong [Co-Op]
- Victims of Detroit police raid on art gallery nightclub get some justice [Ferndale 115]
- John Baker on mens rea and “strict liability” crimes [Fed Soc, PDF]
- Radley Balko has moved his Agitator blog to Huffington Post. And (via @normative) Cato’s Police Misconduct project is tweeting at @NPMRP.
- Want to cross-examine someone on that traffic-camera ticket? Be prepared to pay travel costs for the camera company person [Scott Greenfield] “The mission creep of rape shield law” [same]
- “Does the Criminalization of Tort Inhibit Safety Investigation?” [Beth Haas, Faculty Lounge]
Michigan prepares to enact right-to-work law
As lawmakers in Lansing prepare for a vote, unions are training supporters in what is euphemistically called “civil disobedience,” and state troopers are arriving in numbers to counter expected efforts to physically prevent the legislature from accomplishing its intended business. After neighboring Indiana adopted a similar law it saw a surge of incoming business relocation interest. [Detroit News, Free Press, MLive, Jillian Kay Melchior, NR; earlier]
Will lawmakers slip disparate impact, punitive damages into Title VI?
Title VI of the Civil Rights Act of 1964, which prohibits discrimination by recipients of federal education spending and other programs, does not currently allow private litigants to sue demanding punitive (as distinct from compensatory) damages, nor do the courts entertain private suits complaining of “disparate impact” under it. Some trial lawyers and advocates of expansive discrimination law have long wanted to change that, and now Hans Bader of the Competitive Enterprise Institute is warning that there are efforts afoot to slip an expansion into law by attaching it to some “must-pass” piece of legislation. An effort by Democratic senators to attach it to the Defense Authorization Act appears to have fallen short, but it may be back as a rider on other bills, with serious courtroom consequences, Bader warns, for schools and colleges and also for doctors and hospitals.