Trevor Burrus on the serious side of the case that elicited Cato’s humorous amicus brief the other day [Forbes]:
Susan B. Anthony List v. Driehaus… will be argued [before the Supreme Court] in April. The case is a challenge to Ohio’s bizarre statute prohibiting knowingly or recklessly making “false” statements about a political candidate or ballot initiative. In other words, the Ohio Election Commission (OEC) essentially runs a ministry of truth to which any citizen can submit a complaint. Amazingly, twenty other states have such laws.
Laws against lying in political speech are not administered by disinterested truth seekers, but by people with their own political convictions. They chill large amounts of truthful speech and deprive the public of hearing a robust debate on the issues. And, as we will see, they are used by political opponents to turn campaigning into litigation.
Tagged as:
campaign regulation,
First Amendment,
Ohio,
Supreme Court
“A Connecticut man who says he was injured on New York City’s Citi Bike has filed a $15 million lawsuit against the bike-share operator. … His attorney says the 73-year-old now suffers from traumatic nerve palsy that left him unable to smell or taste.” [AP, NY Daily News]
Tagged as:
NYC,
transit
- Second wave of retired NYC cops, firefighters arrested on 9/11 disability fraud charges, Vance says sums stolen could reach $300 million [Reuters] Related on disability fraud [Coyote]
- Members of U.S. Commission on Civil Rights blast EEOC plans on employer criminal background checks in report now put online [USCCR, Washington Times]
- Your Friends look hot: FBI details indictment of 10 unionists in 2012 arson at Philadelphia Quaker meetinghouse [FBI press release ("'The Helpful Union Guys,' or THUGs"); Trey Kovacs, Workplace Choice]
- Lawyers for UAW seek do-over at Volkswagen in Chattanooga [Benjamin Sachs and Jordan Grossman/On Labor, Fred Wszolek, Real Clear Policy, WRCB (views of Sen. Bob Corker)]
- Do low-wage employers benefit from government welfare programs? [Bryan Caplan]
- NLRB revives much-criticized “ambush elections” scheme [Aloysius Hogan, CEI, earlier]
- Minimum wage law makes zero sense as safety net or as redistribution [Jeffrey Miron] “In the Court of Logic, Federal Minimum Wage Loses by Nine to Zero” [Ira Stoll, NY Sun]
Tagged as:
criminal records and hiring,
labor unions,
minimum wage,
National Labor Relations Board,
September 11,
United Auto Workers,
workplace
Andrew Grossman reports on yesterday’s oral argument in Halliburton v. Erica P. John Fund, which “may be the biggest business case of the term. …Basic [Basic v. Levinson, 1988, in which the Court dispensed with the reliance requirement in favor of the "fraud on the market" theory] came at the tail-end of the Court’s decades-long experiment in policymaking by creating and defining the contours of civil actions. … The chief barrier to overturning Basic may not be its logic, its wisdom, or even its correctness as a matter of law, but instead stare decisis.” Earlier here, here, here, and here.
Tagged as:
securities litigation,
Supreme Court
A court in British Columbia, Canada, has declined to reduce a plaintiff’s damages on the theory she could have alleviated symptoms after a collision by using medical marijuana but didn’t. [Erik Magraken]
Tagged as:
Canada,
damages,
illegal drugs
- New insight into Shaken Baby Syndrome (SBS) casts doubt on criminal convictions [Radley Balko, earlier here, etc.]
- “The Shadow Lengthens: The Continuing Threat of Regulation by Prosecution” [James Copland and Isaac Gorodetski, Manhattan Institute]
- Police busts of “johns” thrill NYT’s Kristof [Jacob Sullum, earlier on the columnist]
- Sasha Volokh series on private vs. public prisons [Volokh]
- “Police agencies have a strong financial incentive to keep the drug war churning.” [Balko on Minnesota reporting]
- Forfeiture: NYPD seizes innocent man’s cash, uses it to pad their pensions [Institute for Justice, Gothamist] “Utah lawmakers quietly roll back asset forfeiture reforms” [Balko] “The Top 6 Craziest Things Cops Spent Forfeiture Money On” [IJ video, YouTube]
- After Florida trooper nabbed Miami cop for driving 120 mph+, 80 officers accessed her private info [AP]
Tagged as:
expert witnesses,
Florida,
forfeiture,
illegal drugs,
NYC,
police,
prisoners,
prosecution,
Utah
“Flush with trial lawyer cash, the PAC’s public face is ‘Texans 4 Justice,’ which portrays itself as a conservative grassroots group.” It didn’t work: Texas GOP primary voters yesterday returned incumbent Supreme Court justices. [Texas Observer, Houston Chronicle, earlier]
Related: Plaintiff’s lawyer Steve Mostyn, “omnipresent” in Austin, and his involvement with “Conservative Voters of Texas” [Chamber-backed Legal NewsLine]
Tagged as:
Mark Lanier,
politics,
Texas,
wayward Republicans
“U.S. District Judge Lewis Kaplan in New York said he found ‘clear and convincing evidence’ that attorney Steven Donziger’s legal team used bribery, fraud and extortion in pursuit of an $18 billion judgment against the oil company issued in 2011.” [Reuters, Bloomberg, 485-pp., 1842-footnote opinion; SFGate, Kevin Williamson, Quin Hillyer, Ira Stoll (New York politicians including Comptroller Thomas DiNapoli roped in as allies of Donziger)] We’ve been covering the story for years.
Tagged as:
Chevron,
fraud
- U.S. Commission on Civil Rights commissioners Gail Heriot, Peter Kirsanow: Administration’s new policy on race and school discipline likely to make schools more chaotic [Robby Soave, Daily Caller, 2011 related, earlier here, etc.]
- French court: fan club members suffered legally cognizable emotional damage from Michael Jackson’s death [Lowering the Bar, earlier]
- “The Newkirk incident demonstrates why cameras in the courtroom are a bad idea” [James Taranto, includes bonus New York Times disgrace]
- Claim: advocates stymied firearms research over most of past two decades. Accurate? [Fox News]
- Another look at the CPSC’s war on former Buckyballs CEO Craig Zucker [Jim Epstein, Reason, earlier]
- Chris Christie use of monitorships in white-collar prosecutions draws renewed scrutiny [New Republic, earlier]
- In which I am included in a list with George Will and Heather Mac Donald, all very flattering etc. etc. [Charles C. W. Cooke, NRO]
- D.C.: disbarred lawyer sat for years as workers comp judge [Washington City Paper]
- “German home-school family won’t be deported” although Supreme Court declines to hear asylum appeal [AP; discussion in comments earlier]
Tagged as:
Buckyballs,
cameras in the courtroom,
CPSC,
France,
guns,
New Jersey,
school discipline,
Washington D.C.
Caleb Brown interviews me for this new Cato podcast on a knotty question: when should a state attorney general decline to argue in court in defense of a law he thinks unconstitutional? On the one hand, the legal profession’s norms strongly favor giving every client and cause its day in court, and practical dysfunction might result were cases routinely handed over to others to defend or dropped entirely. On the other hand, attorneys general like other officials take an oath of office to the constitution, which calls in doubt whether they should (or even may) use their skills on behalf of unconstitutional measures. Complicating matters: how should unconstitutionality be assessed, by way of the AG’s own judgment, by way of predicting how the highest relevant court would rule, or by some other method? What kind of difference should it make whether the assessment appears certain, very probable, or more ambiguous than that?
In recent weeks about a half-dozen Democratic AGs around the country have declined to defend their states’ bans on same-sex marriage, on the grounds that they are inconsistent with the Supreme Court’s Windsor decision of last year, while other AGs both Republican and Democratic have argued in defense of those laws. (Today, Kentucky’s attorney general announced that he will not appeal a federal court ruling requiring the state to recognize out-of-state marriages, although the state’s governor is stepping in to do so.) Finding either liberals or conservatives who have preserved entirely consistent positions on the issue, though, is not always easy. Former attorney general Ken Cuccinelli, a strong conservative, declined to defend a state education reform law last year, while in 2011 Wisconsin Gov. Scott Walker and Attorney General J.B. Van Hollen declined to defend a state domestic partnership registry they deemed unconstitutional. In a case like the latter it was liberals who tended to criticize the refusal to defend a law, and conservatives who applauded — patterns that to some extent have been reversed this time around.
Tagged as:
attorneys general,
constitutional law,
on TV and radio,
same-sex marriage,
Virginia,
Wisconsin
It must not have been easy to find an appointee even farther left than the departing Thomas Perez to head the Justice Department’s Civil Rights Division, but the search eventuated with apparent success in the Obama Administration’s naming of former NAACP Legal Defense Fund official Debo Adegbile. While his confirmation is a foregone conclusion under the Senate’s new simple-majority Harry Reid rules, Republicans may still make an issue of Adegbile’s backing of the EEOC in its controversial campaign to require employers to hire felons and limit the use of criminal background checks before employment. [Byron York, Washington Examiner] Update: nomination fails narrowly in Senate, opposition driven substantially by nominee’s involvement in public efforts on behalf of convicted Philadelphia cop-killer [Politico]
Tagged as:
criminal records and hiring,
Department of Justice
Should parents helping their child’s teacher put on a short class party have to submit to a background check first? Is it child endangerment to leave your toddler in the car for a few minutes on a mild day while you run into a shop? If your child gets hurt falling off a swing, is it potential child neglect not to sue every solvent defendant in sight? Should police have arrested a dad who walked into school at pickup time rather than wait outside for his kids as he was supposed to?
Author Lenore Skenazy has led the charge against the forces of legal and societal overprotectiveness in her book Free-Range Kids and at her popular blog of the same name. This Thursday, March 6 – rescheduled from a weather-canceled event originally set for last month – she’ll be the Cato Institute’s guest for a lunchtime talk on helicopter parenting and its near relation, helicopter governance; I’ll be moderating and commenting. The event is free and open to the public, but you need to register, which you can do here. You can also watch online live at this link. (cross-posted from Cato at Liberty)
Tagged as:
child protection,
live in person,
schools
The rules for class actions seeking injunctive relief against unlawful conduct are looser in key respects than those for actions in which monetary relief is the object, in part because the consequences for absent class members are less serious. But what happens when shrewd counsel institute an action that is injunctive on its face, but actually crafted to tee up an entitlement to class damages? The Montana Supreme Court approved such a maneuver in a case now called Allstate Insurance Co. v. Jacobsen; now Cato has filed a brief seeking certiorari review of that decision, which raises important issues of class action fairness and practicality leading on from such recent high court decisions as Wal-Mart v. Dukes and Comcast v. Behrend. Read a summary here and the full brief here. More: Legal NewsLine (on Washington Legal Foundation brief).
Tagged as:
class actions,
Montana,
Supreme Court
- Tasteless lawyer TV ads, yet another helping with some new to us [Above the Law, more, Daily Caller]
- “Study Says N.Y. ‘Scaffold Law’ Drives Up Construction Costs, Causes Injuries” [Insurance Journal, study, Cornell] Foes of NY’s liability-friendly Scaffold Law have videos on YouTube [sponsor]
- What can we conclude about the efficiency of liability rules in markets where nearly every provider tries to disclaim liability? [Bryan Caplan] “Regulation through Boilerplate: An Apologia” [Omri Ben-Shahar, SSRN]
- Stephen Yeazell on the declining political salience of the tort reform issue [SSRN]
- The “record of the elite defense bar with regard to the law of expert testimony… not a happy history” [David Bernstein, more] “The Misbegotten Judicial Resistance to the Daubert Revolution” [same] Acronym new to me: “SWAG,” short for “Scientific Wild-A**ed Guessing” [Paul Barrett, Business Week]
- “Turning litigation into a business is corrosive” [Philip K. Howard on lawsuit finance and champerty]
- Will health insurers be the ones to pull back the curtain on the asbestos bankruptcy trusts? [Daniel Fisher]
