- When does a taking of land occur? The wrong answer would let the government push around owners in disputes over rails-to-trails projects [Trevor Burrus on Cato Institute amicus brief on Federal Circuit case of Caquelin v. U.S.]
- Though the federal government can’t successfully manage the Western lands it already has, it will soon extend its grip over more. This time Republicans are responsible [Chris Edwards, Cato]
- “Sydney’s rental prices are declining because it’s seeing a building boom. The size of Sydney’s apartment market has doubled in two years, and landlords have had to drop rents in order to get tenants.” [Scott Shackford, Reason]
- To make NYC’s public housing towers a better place to live, throw Le Corbusier off the balcony [Howard Husock, New York Post]
- Economist Robert H. Nelson, R.I.P. [Jane Shaw, Cato Regulation Magazine]
- Update: Baltimore eminent domain case against owner of Preakness Stakes race and Pimlico track dropped for now, but remains as bludgeon in closet [Ilya Somin, earlier here, etc.]
Posts Tagged ‘NYC’
August 7 roundup
- “We got nailed once because someone barehanded a bag of lettuce without a glove.” Kitchen-eye tales of NYC’s restaurant inspection regime [Saxon Baird, NY Eater]
- Positive reviews for new HUD regs on housing discrimination, affordability, and supply [National Review: Roger Clegg; Salim Furth]
- Sony isn’t making its robot companion dog available in Illinois because its facial recognition features fall under the state’s onerous Biometric Information Privacy Act; an earlier in-state casualty was Google’s “which museum portrait is your selfie like?” service [Megan Wollerton, CNet, earlier here and here] Is there any hope of slowing down the rush of class action suits filed under the law? [Chris Burt, Biometric Update]
- Victory on a-peel: “3rd Circuit rules maker of banana costume is entitled to ‘fruits of its intellectual labor'” [ABA Journal, earlier here, etc.]
- D.C. Circuit “Rips ‘Legal Artifice’ in Kasowitz Firm’s Megabillions Whistleblower Case” [Dan Packel, The American Lawyer; Cory Andrews, WLF]
- Congress passes a law framed as pro-veteran, doesn’t take the time to spell out quite how it works, years later we meet the (presumably unintended) losers in the form of nonprofits that employ blind and deaf workers [Julie Havlak, Carolina Journal, quotes me]
Land use and zoning roundup
- NYC landmark decree will strangle famed Strand used bookstore, says owner [Nancy Bass Wyden, New York Daily News, Nick Gillespie, Reason, earlier] NIMBY resistance to Dupont Circle project behind Masonic Temple insists on preserving views that weren’t there until fairly recently [Nick Sementelli, Greater Greater Washington]
- “Barcelona city hall has finally issued a work permit for the unfinished church designed by the architect Antoni Gaudí, 137 years after construction started on the Sagrada Família basilica.” [AP/Guardian] At least they’re not in one of the American towns and cities that would make them tear down work outside the scope of permit before proceeding;
- FHA lending tilts heavily toward detached single-family housing over condos, encouraging sprawl [Scott Beyer]
- “San Francisco’s Regulations Are the Cause of Its Housing Crisis” [Beyer]
- “What Should I Read to Understand Zoning?” [Nolan Gray, Market Urbanism]
- I think we can all guess which union was not cut into a share of the work in this Bay Area housing development [Jennifer Wadsworth, San Jose Inside (Laborers union files CEQA suit), Christian Britschgi, Reason]
June 5 roundup
- Why New York City can’t build new infrastructure at reasonable cost (“Every factor you look at is flawed the way the MTA does business, from the first step to the end.”) [Josh Barro]
- “‘He’s finally getting his due.’ Serial ADA filer faces charges as store owners rejoice” [Sam Stanton, Sacramento Bee on tax charges against Scott Johnson, whose doings are often chronicled in this space] Flashback: vintage Sacramento billiards parlor Jointed Cue closes after being named in one of Johnson’s 1,000+ accessibility suits [Kellen Browning, Sacramento Bee last year]
- “Four-Year Court Battle Between Deaf Advocates and Harvard Over Closed Captioning of Videos Proceeds to Discovery With Some Limitations” [Kristina M. Launey & Minh N. Vu, Seyfarth Shaw; earlier on takedown of Berkeley online courses]
- More on copyright battle between state of Georgia and Carl Malamud over whether he can publish online the laws of Georgia with annotations commissioned and approved by the state under agreement with private publishers [Adam Liptak, New York Times; earlier]
- Reviewing the harms of rent control: a view from Seattle [Kevin Schofield, SCC Insight]
- California Voting Rights Act (CVRA) “imposes liability on cities that elect their representatives through an at-large system and have racially polarized voting.” Generous attorneys’ fee provisions have encouraged assembly-line filing of complaints [Federalist Society forum with J. Michael Connolly; Mark Plummer, LAist; Carolyn Schuk, Silicon Valley Voice (Sunnyvale); Robert Haugh, Santa Clara News Online]
Supreme Court will review NYC’s rule against moving licensed handguns
“New York City’s bizarre ordinance bans pistol permit holders from taking their firearms beyond the five boroughs. (The irony seems to be lost on the eminently anti-gun municipality, which one would think wants as many guns to leave as possible). …The Supreme Court will hear oral argument in New York State Rifle & Pistol Association v. City of New York in October, after it returns from its summer break.” [Cato at Liberty blog post by Ilya Shapiro and Matthew Larosiere, and related Cato Daily Podcast with Larosiere and Caleb Brown]
Web accessibility suits hit art galleries
More than 75 New York City art galleries “have been hit with lawsuits alleging they are violating the Americans With Disabilities Act (ADA) because their websites are not equally accessible to blind and visually impaired consumers. Art galleries are the latest business sector to be targeted with a wave of such lawsuits. Thousands of other businesses, including hotels, resorts, universities, and restaurants have been served with similar complaints last year.” Deshawn Dawson, a legally blind person living in Brooklyn, has filed at least 37 of the suits; he along with another frequent filer are often represented by attorneys Joseph Mizrahi and Jeffrey Gottlieb. Art and design schools around the country have also been hit, and some New York galleries have settled claims rather than take the risks of litigation and a possible adverse verdict [Eileen Kinsella, Artnet News, first, second, third pieces]
Environment roundup
- EPA confirms the view of its peer agencies around the world: glyphosate weed killer, found in Roundup, is not a carcinogen [Tom Polansek, Reuters, earlier, more]
- Mayor Bulldozer? Critical look at Pete Buttigieg’s push to tear down hundreds of vacant dilapidated South Bend homes and fine the owners [Henry Gomez, BuzzFeed; see also Chris Sikich, Indianapolis Star]
- “Why Trump should call off the EPA’s latest assault on NYC” [Nicole Gelinas, New York Post; $3 billion to revamp and cover over a Yonkers reservoir]
- “‘High-yield’ farming costs the environment less than previously thought – and could help spare habitats” [Cambridge University]
- Is clarity finally coming on the scope of federal control of local surface waters? [Jonathan Adler on Trump administration “Waters of the United States” regulation; Tony Francois, Federalist Society on prospects for “navigable waters” at the Supreme Court]
- “New Jersey Court Strikes Down Use of Eminent Domain to Take Property to “Bank” it for Possible Future Use” [Ilya Somin] Pennsylvania law promoted as fixing blighted neighborhoods used to steal people’s homes [Eric Boehm]
Liability roundup
- Ill-fated names: Londonderry woman sues over fall at Stumble Inn Bar and Grill [Jason Schreiber, New Hampshire Union Leader]
- After starting out as a “humanistic attorney,” lawyer in time comes to net $700,000/year “by sending San Diego workers’ compensation claimants to dirty medical providers” as part of spinal surgery scam that U.S. Justice Department said “cost insurers $500 million over a 15-year period.” [Jim Sams, Claims Journal]
- Lengthy report on creative litigation by municipalities, often done in close harness with contingent-fee private lawyers, explores ill effects and what might be done to rein the process in [Rob McKenna (former Washington State AG), Elbert Lin (former West Virginia SG), and Drew Ketterer (former Maine AG) for U.S. Chamber Institute for Legal Reform]
- “Trial lawyers are paying millions to a handful of experts necessary to push their talc cases” [Dan Fisher, Legal NewsLine, earlier]
- New York City Council Speaker: “Corey Johnson targets Scaffold Law in plan to fix MTA” [Carl Campanile, New York Post, earlier on New York’s unique, pro-plaintiff Scaffold Law]
- “Law Firms Objecting to Mesh Fees Accuse Leadership of Self-Dealing, Bill-Padding” [Amanda Bronstad, Law.com, earlier]
How Hudson Yards connects to Harlem
This map, made using records obtained through FOIA, shows Hudson Yards qualifies as a distressed urban area under the EB-5 program by connecting the luxury development to public housing in Harlem. https://t.co/WuqtrUKSGH (?: @markbyrnes525) pic.twitter.com/s4uSrSkt0t
— CityLab (@CityLab) April 12, 2019
What an amazing story: “Manhattan’s new luxury mega-project [Hudson Yards] was partially bankrolled by an investor visa program called EB-5, which was meant to help poverty-stricken areas.” The far West Side of lower Manhattan, not far from Tribeca, the Village, and Chelsea, is hardly known for its poverty, but creative subsidy seekers carved out an “area” that connected the Hudson Yards site, gerrymander style, through midtown and Central Park to public housing projects in Harlem. And presto: access to benefits meant to revive high-unemployment urban areas. [Kriston Capps, CityLab]
Reader David Link writes:
It’s only bad if you think the point of the Poverty/Industrial Complex is designed to alleviate poverty, rather than just being a set of white collar jobs programs. This gerrymander is a visual example of the usual, multiple links between poverty/social justice/community improvement rhetoric and the people who ultimately benefit. From what I’ve heard, it sounds like a good step for New York, and the only excess cost is to those who aren’t skeptical enough to accept the rhetoric.
Labor roundup
- Not headed to Gotham after all: “The RWDSU union was interested in organizing the Whole Foods grocery store workers, a subsidiary owned by Amazon, and they deployed several ‘community based organizations’ (which RWDSU funds) to oppose the Amazon transaction as negotiation leverage. It backfired.” [Alex Tabarrok]
- “NLRB reverses course and restores some sense to its concerted activity rules” [Jon Hyman, earlier]
- Among papers at the Hoover Institution’s conference last summer on “Land, Labor, and the Rule of Law”: Diana Furchtgott-Roth, “Executive Branch Overreach in Labor Regulation” discusses persuader, fiduciary, overtime, joint employer, independent contractor, federal contract blacklist, campus recruitment as age discrimination, and more; Price Fishback, “Rule of Law in Labor Relations, 1898-1940” on how reducing violence was a key objective of pro-union laws, anti-union laws, and arbitration laws; and related video; Christos Andreas Makridis, “Do Right-to-Work Laws Work? Evidence from Individual Well-being and Economic Sentiment” (“Contrary to conventional wisdom, RTW laws raise employee well-being and sentiment by improving workplace conditions and culture”) and related video;
- Relief coming on NLRB’s Browning-Ferris joint employer initiative? [Federalist Society panel video with Richard Epstein, Richard F. Griffin, Jr., Philip Miscimarra, moderated by Judge Timothy Tymkovich; Philip Rosen et al., Jackson Lewis; earlier]
- “Production company hires union labor after Boston officials allegedly threaten to withhold permits for music festivals. District court: Can’t try the officials for extortion because they didn’t obtain any personal benefit; the alleged benefits went to the union. First Circuit: The indictment should not have been dismissed.” [John K. Ross, IJ “Short Circuit,” on U.S. v. Brissette, earlier]
- In 1922 a brutal mob attack resulted in the slaughter of 23 strikebreakers in Herrin, Illinois. Maybe something that should be taught in schools? [Robby Soave, Reason]