President Donald Trump’s backing of a version of the First Step Act is a big deal. Among noteworthy features: retrospective relief on some overlong sentences currently being served. In this new Cato Podcast, Caleb Brown interviews Molly Gill of Families Against Mandatory Minimums.
Orange County voters boot District Attorney Tony Rackauckas
Orange County, California voters have declined to re-elect District Attorney Tony Rackauckas, whose doings have provided repeated grist for this space. His successor and former protege sounds like a possible source of grist too: “A Wahoo’s employee told the deputy Spitzer decided to handcuff the preacher because he kept looking at Spitzer.” [Nick Gerda, Voice of OC; R. Scott Moxley, OC Weekly]
Court dismisses suit claiming McDonald’s should have discounted hold-the-cheese orders
“The court slapped down a South Florida couple’s putative class action lawsuit, which sought $5 million in damages and claimed McDonald’s was wrong to force diners to pay for cheese on Quarter Pounder and Double Quarter Pounder burgers, whether or not they wanted it.” [Raychel Lean, Daily Business Review/Law.com, earlier here and here]
“Is this picture of a falcon illegal?”
Animal-welfare regulation vs. rights of expression: “State and federal falcon-speech regulations fall into four categories: (1) generally banning images of falcons in all expression that is not about falcons; (2) specifically banning commercials that feature falcons but are not about falcons; (3) limiting compensation for falcon-related expression; and (4) dictating the content of falcon education programs.” So many different First Amendment problems there, and now “a new lawsuit filed by Pacific Legal Foundation on behalf of the American Falconry Conservancy and its members aims to strike down those anti-speech regulations.” [Jim Manley, Pacific Legal]
November 14 roundup
- Police show up to enforce gun confiscation order against Maryland man under new “red flag” law, he brandishes weapon, they shoot him dead [Leah Crawley and Ashley Barnett, Fox Baltimore; Colin Campbell, Baltimore Sun]
- Claim: “The Kavanaugh debacle cost the Democrats the Senate” [Marc Thiessen] If I cheer for Neomi Rao is it going to hurt her confirmation chances? [Jesus Rodriguez, Politico on nomination of OIRA head for Kavanaugh seat on D.C. Circuit]
- “Please conduct yourself accordingly”: Matthew Whitaker letter to man who complained about World Patent Marketing, on whose advisory board Whitaker sat [Mike Masnick, TechDirt]
- Upholding FCPA prison term, Third Circuit rejects businessman’s argument that bribery deal helped pull population out of poverty in remote part of Siberia [Matt Miller, PennLive]
- Sidetracking a decision on the cy pres merits? Supreme Court calls for supplemental briefing on whether named plaintiffs in Frank v. Gaos “have suffered an ‘injury’ sufficient to create standing under the Court’s doctrine” [Ronald Mann/ SCOTUSBlog, Will Baude, earlier here, here, etc.]
- “Fun fact in an opinion today from the Federal Circuit: the Patent Office employs 14 examiners full time solely to examine patent applications filed by a single, prolific inventor.” [Andrew Trask, Gilbert Hyatt v. USPTO]
Advice from Whitey Bulger
From notorious Boston mobster Whitey Bulger, slain in prison earlier this month, some career advice for students: “If You Want To Make Crime Pay, Go To Law School” [Paul Caron/TaxProf]
Federal judge: suit can go forward against Cuomo over regulatory squeeze
A federal judge has ruled the National Rifle Association can proceed with its First Amendment suit against New York Gov. Andrew Cuomo over his pressure on regulated banks, insurers to cut ties with gun rights advocacy groups like the NRA. “U.S. District Judge Thomas McAvoy questioned Cuomo’s claim that his messages about the wisdom and propriety of providing financial services to the NRA amount to nothing but legitimate regulatory oversight and protected government speech.” [Jacob Sullum and background, Eugene Volokh] “It is well-established under binding federal appeals court decisions that government officials like Cuomo are not allowed to pressure organizations or businesses to cut off services to someone because of their political stances or expression — even when the government official uses informal pressure as opposed to explicit threats. (See, e.g., Rattner v. Netburn, 930 F.2d 204 (2d Cir. 1991)).” [Hans Bader] Earlier here, here and here (ACLU files amicus brief defending NRA’s rights), etc.
Title IX roundup
- R. Shep Melnick on his new book The Transformation of Title IX: Regulating Gender Equality in Education [Christina Hoff Sommers review, Education Next; Brookings; Melnick in National Affairs] And three video appearances by the author [Rockefeller Center at Dartmouth, Hoover Institution, Harvard Program on Constitutional Government]
- Some early looks at Department of Education’s planned revamp of Title IX regs [Robby Soave, Reason and more; KC Johnson, Minding the Campus; Shikha Dalmia/The Week; previously here and here]
- “Students Filed Title IX Complaints Against Kavanaugh to Prevent Him From Teaching at Harvard Law” [Shera S. Avi-Yonah and Jamie D. Halper, Harvard Crimson] “Professor Defends a Woman Accused of a Sex Crime, University Forces Him to Undergo Sexual Harassment Training” [Robby Soave on episode at Plymouth State University in New Hampshire; Conor Friedersdorf (training “as a general purpose punishment for alleged wrongthink”)]
- “Facing Penalties, 100 Percent of College Students Completed Sexual Harassment Training” [Jamie D. Halper, Harvard Crimson]
- “Failing at Fairness: Getting the Story 180 Degrees Backwards” [Coyote]
- Colleges face wave of cases alleging faculty misconduct 25, 35 years ago or longer [Collin Binkley, Asssociated Press]
Operation Choke Point documents show FDIC brass covertly pressured banks
Since the termination of Operation Choke Point, some have questioned whether Obama-era federal regulators really did engage in systematic and top-down attempts to squeeze off access to financial services for businesses that were lawful but disliked. Now Rep. Blaine Luetkemeyer (R-Mo.) has released documents produced in connection with a lawsuit against the Federal Deposit Insurance Corporation. They show extensive pressure by numerous FDIC regional directors and other officials on regulated banks to terminate customer relationships with payday lenders (the banks were generally already not themselves engaged in such lending). They also include repeated wordings about how higher-ups wanted the pressure applied and that banks’ decisions to cut off customers should be styled as if it were a voluntary choice. [Luetkemeyer press release; Norbert Michel, Forbes; John Berlau, Forbes; trade group Community Financial Services of America]
In the mail: Supreme Court Haiku
Collins v. Virginia (5/29/18)
No vehicle search
In curtilage of a home
Without a warrant https://t.co/jNJZjcOZ0F— Supreme Court Haiku (@SupremeHaiku) May 29, 2018
#SCOTUS #haiku
Epic Systems Corp. v. Lewis (5/21/18)NLRA won't
Stop solo arbitration
If parties agreedhttps://t.co/G6jq2VzVfv— Supreme Court Haiku (@SupremeHaiku) May 21, 2018
#SCOTUS #haiku
Carpenter v. United States (6/22/2018)Cell-site records grab
Is a Fourth Amendment Search
Likely need warranthttps://t.co/Jc92MkhjRX— Supreme Court Haiku (@SupremeHaiku) June 22, 2018
Now out: Supreme Court Haiku paperback makes a perfect fun gift for your literary or contemplative lawyer friend.