Sander and Taylor, “Mismatch”

In the mail: Mismatch: How Affirmative Action Hurts Students It’s Intended to Help, and Why Universities Won’t Admit It, by Richard Sander and Stuart Taylor, Jr. [Amazon]. Cato is giving an event tomorrow with the authors discussing the current Supreme Court case on preferences in higher education, Fisher v. University of Texas. More: Terry Eastland review in Weekly Standard; Sander and Taylor op-ed in L.A. Times; Robert Barnes, Washington Post on views of commissioners, U.S. Commission on Civil Rights.

“DOJ Intervenes In LSAT Disability Bias Class Action, Says ‘Flagging’ of Tests Violates ADA”

The U.S. Department of Justice is taking the position that it violates the Americans with Disabilities Act for the Law School Admission Council to inform law schools that test-takers got extra time or other accommodations after lodging demands under the ADA. The ABA is siding with disabled-rights activists in calling for an end to test score flagging. [ABA Journal]

Gov. Brown starts vetoing

The California legislature this term chose to pass a raft of exceptionally bad legislation burdening business and employers, and Gov. Jerry Brown, perhaps mindful of the state’s ongoing poor economic performance, last week vetoed many of them [Ira Stoll, NY Sun; Steven Greenhut, City Journal] Among the vetoes: bills widening the rights of housekeepers’, babysitters’ and other domestic workers to sue their employers [earlier here, here]; greatly widening the survivors’ benefits paid for public safety workers [earlier, update]; unionizing grad student research assistants [Daily Californian] and an ostensible farmworker safety measure [Ruth Evans, Fresno Bee]

P.S. “Starts” isn’t really accurate, since, as David Boaz has pointed out, Gov. Brown cast some good vetoes last year.

October 8 roundup

  • Karma in Carmichael: serial Sacramento-area filer of ADA suits Scott Johnson, often chronicled in this space, hit by sex-harass suit by four former female employees, with avert-your-eyes details [Sac Bee; News10, autoplays] One of Johnson’s suits, over a counter that was too high, recently helped close Ford’s Real Hamburgers, a 50-year-old establishment. [KTXL/The Blaze]
  • Fifth Circuit reverses decision holding Feds liable for Katrina flood damages [Reuters]
  • “Your right to resell your own stuff is in peril”: SCOTUS takes up first-sale doctrine in copyright law [Jennifer Waters, MarketWatch on Kirtsaeng v. John Wiley & Sons]
  • Rubber room redux: “New York Teacher Live-Streams $75,000 Do-Nothing Job” [Lachlan Markay, Heritage] Teacher charged with hiring hitman to kill colleague should have been fired decade ago [Mike Riggs]
  • “George Zimmerman sues NBC for editing 911 audio to make him sound racist” [Jim Treacher, Daily Caller]
  • Prof. Mark J. Perry has moved his indispensable Carpe Diem economics/policy blog in-house to AEI;
  • New York will require newly licensed lawyers to do pro bono [WSJ, Scott Greenfield, Legal Ethics Forum]

“Pulpit Freedom Sunday”

At Prawfsblawg, Paul Horwitz, Rick Garnett and others have a discussion of claims (typified here and here) that it’s oppressive not to let churches electioneer with tax-deductible funds. Other views: Religion News Service/HuffPo, Bloomberg editorial, Stephen Colbert via TaxProf (to an IRS-defying pastor: “Other people have to use after-tax money for their political speech, but you guys get to use pre-tax money for political speech.”) Or is the better answer to liberate both secular and religious 501(c)(3)s to express election views, with the possible result of enabling political donors generally to take a tax deduction on money spent to promote their preferred candidates and causes?

Politics roundup

  • Visual representation of debate result (courtesy Chris Fountain) “Obama should have spent more time in court” [David Frum] “Can you imagine the rewards points we earned by paying for wars with the national credit card?” [@BCAppelbaum via @TPCarney]
  • Correcting the tax side of the debate: factory relocation, oil deductions, corporate jets [Daniel Mitchell, Cato-at-Liberty]
  • Race heats up for three Florida justices [Insurance Journal, earlier] Unions campaign for incumbent justices even as court deliberates on pension lawsuit [Sunshine State News]
  • Maybe Rep. Todd Akin isn’t the most unscientific member of the House Science Committee after all [TPM]
  • Yes, the HHS welfare work waiver is a real issue [WSJ editorial]
  • “Whistle-Blower Lawyers Throw Support Behind Obama” [NYT via FedSoc]
  • Michael Greve doesn’t hold back, tells us what he really thinks of Mme. Warren [Law and Liberty]

Garden tour slip and fall

Through garden tours and charitable dinners, Chrissie D’Esopo has raised some $175,000 over the years at her beautiful home in Avon, Ct., near Hartford. Following a lawsuit over a slip and fall — not to mention the claim filed by the visitor’s uninjured husband — she’s decided to call it quits, but might reconsider on hearing of a recently passed Connecticut recreational-immunity law that extends legal protection to property owners who do not profit from a visitor’s presence. Notes a commenter: “This is why we can’t have nice things.” [Hartford Courant]