The federal government should keep its busy hands off local traffic laws — and that goes for bribing states to its will, as well as issuing direct orders. Today the House will debate a measure that would make that point by cutting off a fledgling program that would pay states for doing what “distracted driving” crusader and DoT secretary Ray LaHood lacks the constitutional authority or political capital to do directly. I explain in my new post at Cato at Liberty.
Maryland pit bull ruling: careful what you ask for
Last month Maryland’s highest court, adopting what is known as a “breed-specific” standard, declared pit bulls inherently dangerous and subject to strict liability for their owners. Humane and rescue activists were alarmed at the prospect of insurance-rate pressure on pit owners and an influx into animal shelters of surrendered pets who, even if well-behaved, might prove unadoptable and end up euthanized. They should have been careful what they asked for. A panel of the Maryland House of Delegates headed by Del. Curt Anderson (D-Baltimore) has now taken up the issue and apparently plans to address the complained-of breed disparity by proposing to extend strict liability to all breeds of dog, abolishing the longstanding “one-bite” rule that shields owners from responsibility where a pet has not previously been known to cause trouble. Why is it somehow not surprising that in Annapolis the views of attorneys would hold more sway and those of dog-rescue folks less? [AP, Julie Scharper/Baltimore Sun, more background: Miller.
Free speech roundup
- Courtesy Stanley Fish, Prof. Jeremy Waldron gets a long, favorable hearing in the New York Times for his let’s-suppress-hate-speech proposals [Opinionator]
- On the other hand, free speech scores huge victory in Canada as parliament mostly along party lines votes to repeal notorious Section 13 of Canadian Human Rights Act, authorizing private federal complaints over alleged hate speech [Jonathan Kay]
- “Christian Nation” historical writer and Texas curriculum reshaper David Barton sues critics; don’t let him find out what Ed Brayton keeps writing [Reason]
- Pennsylvania bill: “Crime for Minor to Post or Send Messages That ‘Emotional[ly] Distress’ Another Minor?” [Volokh]
- Norfolk, Va. business puts up a big sign protesting eminent domain scheme to seize its property; guess what happens next [Marc Scribner, Open Market]
- Chris Evans nastygram to Lipstick Alley: Has Hollywood already forgotten about the Streisand effect? [Paul Alan Levy, Mike Masnick/TechDirt] Also at Public Citizen, the dispute over a boilermaker union official’s effort to unmask an online critic has now been settled (earlier);
- Interesting bank case: “Employer SLAPPed for Suing Ex-Employee” [Shaw Valenza]
“Factual Free-Market Fairness”
The widely discussed blog post by Deirdre McCloskey is at Bleeding Heart Libertarians.
EEOC goes to bat for superannuated lifeguards
Nassau County, N.Y., had let go 71-year-old veteran lifeguard Jay Lieberfarb after he failed a swim test. Charging that the county had not always dismissed younger guards who had failed the same test, the EEOC proceeded to negotiate a $65,000 back pay settlement, a three-year consent decree and other relief. [EEOC press release; h/t Roger Clegg] Earlier on superannuated lifeguards [Ocean City, N.J.] (& welcome Chris Fountain readers; he recommends this blog as a cure for low blood pressure)
Mayor Mike, soda snatcher (cont’d)
The outrage goes on and on, and why shouldn’t it? “Researchers Whose Work Was Cited to Justify Bloomberg’s Large Soda Ban Explain Why it Won’t Work” [Ilya Somin] Paternalism advocates like Kelly Brownell see the drink initiative as a stalking horse for much bigger plans [Jacob Sullum, syndicated] And NYU lawprof Rick Hills deems it “silly” for libertarians to take a stand in opposition [Prawfs; response, Somin]
More: Federal initiatives to improve citizens’ thrift and parenting skills suggest the spirit of Bloomberg roams abroad in Washington, D.C. [Ray Hartwell]
By reader acclaim: cardiologist should have warned cop of sex spree
Covered it in a roundup a couple of weeks back, but as a reader favorite it may as well have its own post: “A jury has awarded a Georgia woman $3 million over her husband’s heart attack, finding that his doctor should have warned the Atlanta cop against strenuous activity like the three-way sex he was having at the time he died, WXIA-TV reports.” The deceased was not married to either of the other participants in the fatal motel-room encounter. [USA Today/Freep]
Memo to: Liberty County, Texas police
When a psychic calls in to inform you of an extremely sensational crime story undetected up to now, think carefully before you act [Scott Greenfield]
Environmental roundup
- Nebraska Sen. Johanns proposes bill to curb EPA surveillance overflights (which, contrary to some erroneous reports going around, are manned flights) [Daily Caller, earlier]
- “Time to Discard the Precautionary Principle at the CPSC” [Nancy Nord]
- Victimology beats science with 9/11 dust fund [Point of Law, ACSH] Two NYC plaintiff’s firms fight over $50 million in 9/11-responder fees [Reuters]
- “Court dismisses climate change ‘public trust’ suit” [Katie Owens, WLF]
- Erin Brockovich promotes Fridley, Minnesota cancer cluster, local man “eager to hear” her spiel [StarTrib, earlier]
- Jonathan Adler guestblogs on environmental policy at The Atlantic [Volokh]
- Businesses’ donations on environmental advocacy? Never trust content from “Union of Concerned Scientists” [Ron Bailey]
- Talking back to “Gasland,” the anti-fracking advocacy flick [Ron Bailey and more, Mark Perry, Business Week on local economic impact]
FunnyJunk lawyer sues charity recipients
After his nastygram aimed at Matthew Inman of humor site The Oatmeal backfired spectacularly — Inman turned his resistance into a much-publicized fundraiser for two nonprofit recipients, the National Wildlife Federation and the American Cancer Society — a California attorney proceeded to go a remarkable step further, with train-wreck consequences outlined at BoingBoing, Popehat, and Lowering the Bar. More: Inman, Lowering the Bar.