- Man evicted from lodgings abandons his ailing fish. A suitable case for criminal prosecution? [Carissa Byrne Hessick; Clint Bullock and Chelsea Donovan, WECT]
- Guardianship and public administrator abuses will be one topic of elder abuse task force announced by Michigan attorney general [Beth LeBlanc, Detroit News]
- “Red Flag Law is sort of like the Department of Pre-Crime from the movies” [Cato Daily Podcast with Dave Kopel and Caleb Brown on emergency gun confiscation proceedings; related, Kopel testimony via Cato, earlier]
- “Man sues parents for getting rid of his vast porn collection” [Associated Press]
- Three candidates vie to replace long-serving Jim Hood: “AG candidate [Mark] Baker says Mississippi should end its alliance with private lawyers” [Brian Brueggemann, Legal NewsLine]
- “Is It Time to Revisit the Constitutionality of Unauthorized Practice of Law Rules?” [Michael Rosman, Federalist Society]
Posts Tagged ‘guns’
April 17 roundup
- Estonia introduces artificial intelligence algorithms to adjudicate small claims disputes [Eric Niiler, Wired]
- “The Connecticut Ruling: Another Attempt to Blame the Gun for Gun Crime” [Joyce Lee Malcolm, Law and Liberty on 4-3 Connecticut Supreme Court ruling finding state consumer law not preempted by federal PLCAA (Protection of Lawful Commerce in Arms Act)] “But will the Supreme Court allow Connecticut to circumvent federal law?” [Scott Greenfield] Remington will seek certiorari review at U.S. Supreme Court [Dave Collins, AP/WTIC]
- In Pennsylvania, there’s “a feeling that law firms can get judges fired” after a worker’s comp judge who angered “one of the state’s most politically connected law firms…quickly lost her job” [William Bender, Philadelphia Daily News]
- Nanny staters vs. comptroller’s moves to modernize alcohol marketing regulation, no action on Sixth District gerrymander, Angelos asbestos bill tripped up, critics are right to oppose push to abolish child-abuse statute of limitation, heads should roll in business lobby after minimum wage fiasco, and more in a Sine Die (end of legislative term) roundup at my Maryland blog Free State Notes;
- “Harm Reduction: Shifting from a War on Drugs to a War on Drug-Related Deaths,” videos of Cato Institute conference with Jeffrey Singer, Maia Szalavitz, Ed Rendell, Clark Neily, Jeffrey Miron, Michael Cannon, and others [parts one, two, three, four, Jeffrey Singer overview blog post] and related Cato podcasts with Daniel Ciccarone on prohibition as crisis driver, Scott MacDonald on heroin-assisted treatment, Darwin Fisher on supervised injection, and Adrianne Wilson-Poe on cannabis and opioid overdose;
- “How Are State Supreme Court Justices Selected?” [Federalist Society Policy Brief video with Chris Bonneau and Brian Fitzpatrick]
“Gravity Knives, Bump Stocks, and Lawless Law Enforcement”
“For years [Manhattan sous-chef Joseph] Cracco had been using his Spyderco Endura 4 folding knife, the sort of tool that is sold openly by retailers in New York City and throughout the state, for mundane tasks like opening boxes and bottles. … According to Cracco and a co-worker who was with him, it took the cop four or five tries before he managed to swing the blade fully open with one hand — a feat that Cracco himself had never attempted. Cracco thus joined the thousands of New Yorkers who are arrested each year for carrying the tools of their trades or hobbies.” While New York’s gravity-knife law was upheld against earlier challenges, U.S. District Judge Paul Crotty “in a March 27 decision declar[ed] the gravity knife ban “unconstitutionally vague” as applied to Cracco.” [Jacob Sullum, Reason, C.J. Ciaramella, Reason, earlier]
Banking and finance roundup
- “In the banking world, with which I am familiar, the general belief has been that you disobey supervisory guidance at your peril. That sounds like law and regulation, but without the open process and accountability. Over many years it has certainly felt that way.” [Wayne A. Abernathy, Federalist Society commentary]
- Some House Democrats use hearings to badger banks into cutting off clients in industry areas like guns, pipeline construction [Zachary Warmbrodt, Politico]
- New U.S. Chamber Institute for Legal Reform papers on reforming securities litigation: “Risk and Reward: The Securities Fraud Class Action Lottery” [Stephen J. Choi, Jessica Erickson, Adam C. Pritchard]; “Containing the Contagion: Proposals to Reform the Broken Securities Class Action System” [Andrew J. Pincus]
- “A pot banking bill is headed to House markup with bipartisan support” [Jim Saksa, Roll Call]
- Your periodic reminder that corporate law *is* a form of public interest law [Stephen Bainbridge quoting Hester Peirce]
- “History Shows Forcing Companies to Put Workers on Boards Is a Bad Idea” [Ryan Bourne, UK Telegraph/Cato, earlier on Elizabeth Warren proposals]
Schools and childhood roundup
- Stop active-shooter drills in schools: “Preparing our children for profoundly unlikely events would be one thing if that preparation had no downside. But in this case, our efforts may exact a high price.” [Erika Christakis, The Atlantic] “Lockdowns and active-shooter drills have led to officers firing blank rounds to simulate live fire, mock executions of teachers, and students tearfully writing out wills while hunkered down. …Last year, The Post reported an estimate that the odds of a child being fatally shot while at school any given day since 1999 was 1 in 614,000,000.” [Jonathan Blanks, Washington Post/Cato]
- After ordeal with Child Protective Services based on drug test fluke, Western New York mom “is certain of one thing, she’ll never eat a poppy seed again.” [WROC]
- Answer: no. “Should access to a public education be a constitutional right for all children?” [Jessica Campisi, Education Dive; Mark Walsh, Education Week, covering AEI debate on holding of 1973 Supreme Court case of San Antonio Independent School District v. Rodriguez against such a federal right]
- Pay attention to the politics of schools of education, because they help determine what you’ll see in the classroom down the road [Jay Schalin, Martin Center] More: University of Washington’s Secondary Teacher Education Program “is a 12-month immersion in doctrinaire social justice activism.” [Quillette]
- “The Regressive Effects of Childcare Regulations” [Cato video with Ryan Bourne]
- “Court revives Obama-era rule that incentivizes racial quotas in special ed” [Liam Bissainthe]
March 27 roundup
- U.S. Department of Justice files brief in Kisor v. Wilkie somewhat critical of Auer deference, i.e. of deference to the federal government’s own positions. That’s pretty special, and commendable [William Yeatman, Cato; Jonathan Adler, earlier here and here]
- Parsonage exemption (i.e., favored treatment of allowance for religious housing) does not violate Establishment Clause, rules Seventh Circuit panel [Gaylor v. Mnuchin; background, Kelsey Dallas, Deseret News; earlier]
- Showing middle finger to police officer counts as constitutionally protected speech, and Sixth Circuit says every reasonable officer should know that already [Eugene Volokh]
- Home-share hospitality is here to stay, unless regulators get it very wrong [Federalist Society video with Gwendolyn Smith, Matthew Feeney, and Pete Clarke]
- “Tens of thousands of people in Missouri cannot drive as a result of their licenses being suspended over child support they are unable to pay.” A newly filed lawsuit challenges that practice [Hans Bader]
- Only Congress can make new law, and administration can’t reach desired ban on “bump stock” firearms accessories just by reinterpreting existing federal law [Ilya Shapiro and Matthew Larosiere on Cato amicus brief in D.C. Circuit case of Guedes v. BATFE]
Social media law roundup
- Was this an entry in a contest to draft the most unconstitutional bill? “Florida Bill Would Make It a Crime for Minors to Post Pictures of Guns on Social Media” [Eugene Volokh]
- “Everyone involved in politics has bad days, when one’s interests conflict with one’s ideals.” But conservatives should resist the temptation to call in government to regulate the Internet [John Samples] New Republican interest in antitrust explainable by wish to bust corporations considered unfriendly to Republicans [Steven Greenhut]
- Lafayette, La. mother jailed after posting video to social media showing fight between two high school students [Megan Wyatt, The Advocate; editorial; Dave Cohen, WWL]
- Suit over online harassment could puncture liability protections of Section 230, some hope and others fear [Elizabeth Nolan Brown]
- “So, to be blunt here, Warren’s campaign screwed up with its ad design [by] including the [Facebook] logo.” The really bad part, though, was the spinning afterward [Scott Shackford]
- Tweeting wrong sorts of things about gender can result in a visit from the British police, cont’d [Tom Potter, Ipswich Star (Suffolk; quoting local activist who “said police had a right to intervene if it was felt the posts were causing offence.”)] And another case from Hitchin, Hertfordshire [Martin Beckford, Daily Mail; earlier here, here, etc.
- Content moderation “is, in many ways, the commodity that platforms offer.” Will they be left free to offer it? [Will Duffield, Cato Journal, reviewing Custodians of the Internet by Tarleton Gillespie]
Constitutional law roundup
- You don’t need to be a religious believer to think the Supreme Court should uphold the continued display of the Bladensburg war memorial cross [George Will/syndicated, Eugene “Jesse” Nash IV and Victoria Gomes-Boronat, Capital News Service] Cato filed a brief in the case [Ilya Shapiro, Trevor Burrus, Patrick Moran, and Michael Finch on The American Legion v. American Humanist Association]
- “The Second Amendment In The New Supreme Court” [Federalist Society conference with Renee Lerner, Stephen Halbrook, Mark W. Smith, and others; Halbrook on the Court’s decision to hear New York State Rifle and Pistol Association Inc. v. City of New York, earlier on which] Map of state changes liberalizing concealed carry law since 1986 [Eugene Volokh]
- In the spirit of balance, here’s a more cheerful and positive view of an Article V convention than the one I take [Paul Starobin, American Affairs Journal]
- “Bruno Leoni and the Search for Certainty in Law” [Alberto Mingardi, Law and Liberty]
- Oregon carbon emission credit system falls more heavily on out-of-state than on in-state suppliers, and the Dormant Commerce Clause has something to say about that [Ilya Shapiro on Cato cert amicus brief in American Fuel & Petroleum Manufacturers v. O’Keeffe]
- Would a wealth tax be constitutional? [Richard Epstein, Hoover]
Free speech roundup
- We’ll pass the bill first, and let the courts tell us later whether it violates the First Amendment. That’s not how it’s supposed to work [my Free State Notes on a Maryland “cyberbullying” bill]
- Local laws requiring government contractors to disclose/disclaim ties to the anti-Israel BDS movement have rightly come under criticism. Will that spill over to a constitutionally dubious new Los Angeles ordinance requiring contractors to disclose ties with an advocacy group devoted to a different issue, the NRA? [Eugene Volokh]
- “Lust on Trial,” new book by Amy Werbel on celebrated vice crusader Anthony Comstock [Kurt Conklin with Alex Joseph, Hue (Fashion Institute of Technology, NYC); podcasts at FIRE with Nico Perrino and ABA Journal with Lee Rawles]
- “The Rushdie affair became a template for global intellectual terrorism” from Paris and Copenhagen to Garland, Tex.; in a different way, it also foreshadowed the far pettier heresy hunts and sanctity trials of callout culture [Jonathan Rauch]
- $250 million libel suits as a fantasy way to own the libs? In real life meanwhile big-ticket libel suits are used to silence conservatives [Competitive Enterprise Institute press release (leading media orgs including RCFP, SPJ, ASNE support rehearing of D.C. court ruling favorable toward Michael Mann defamation action), NR editors, Jack Fowler] “The media’s Covington coverage was appalling, but Nick Sandman’s libel lawsuit is not the answer” [Robby Soave, Irina Manta] Another part of the forest: Justice Clarence Thomas criticizes New York Times v. Sullivan [Will Baude, Cass Sunstein, Ramesh Ponnuru]
- “A new documentary showcased by PBS presents Montana as a success story of campaign finance reform and Wisconsin’s John Doe investigations as a failure.” But “Dark Money” has some omissions [Cato Daily Podcast with Caleb Brown and Steve Klein of the Pillar of Law Institute]
“Have Gun, Can’t Travel”
After nearly a decade of silence, the Supreme Court finally takes another Second Amendment case. And it’s a doozy, on New York’s “eccentric and abusive” ban on gun transport [Ilya Shapiro, Cato, Jacob Sullum (including headline), Dave Kopel (“eccentric and abusive”), Joyce Lee Malcolm on New York State Rifle and Pistol Association Inc. v. City of New York, New York]