March 4 roundup

  • Educated Canadian circles have politely indulged theories about how indigenous sovereignty is purer and more legitimate than so-called settler government. Ten thousand land acknowledgments later, comes the reckoning [J.J. McCullough, Washington Post] Read and marvel: “As lawyers and legal academics living and working on this part of Turtle Island now called Canada, we write to demand…” [Toronto Star; similarly, David Moscrop, Washington Post]
  • Plaintiff’s lawyers in talc case played footsie with Reuters reporters: “Judge Sanctions Simmons Hanly for ‘Frivolous’ Disclosure of Johnson & Johnson CEO’s Deposition” [Amanda Bronstad, New York Law Journal]
  • Bernie Sanders’ disastrous rent control plan [Cato Daily Podcast with Ryan Bourne and Caleb Brown] Housing construction unwelcome unless public? Vermont senator boosts opposition to East Boston plan to build mix of 10,000 market and affordable new homes on defunct racetrack [Christian Britschgi]
  • Happy to get a request from Pennsylvania to reprint and distribute my chapter on redistricting and gerrymandering, found on pp. 293-299 of the Cato Handbook for Policymakers (2017). If you’re interested in the topic, check it out;
  • Family courts deciding the future of a child commonly don’t take testimony from foster carers. Should that change? [Naomi Schaefer Riley/Real Clear Investigations, quotes me]
  • Supreme Court will not review Ninth Circuit ruling that Eighth Amendment’s prohibition on cruel and unusual punishment prohibits city of Boise from enforcing law against homeless encampments when there are insufficient beds available in shelters [Federalist Society teleforum and transcript with Andy Hessick and Carissa Hessick]

4 Comments

  • Indigenous peoples. First define that.
    I was born here. No living person has ever met an ancestor of mine who was not themselves born here. Some of my ancestors can be traced back to europe, others seem to have been here time immemorial. My DNA says most came from europe and north africa, with minimal amounts of Asian blood.

    Compare with those labeled as indigenous to North America.
    They were born here, no living person has ever met an ancestor of theirs who was not themselves born here. Some ancestors can be traced back to europe, others seem to have been here time immemorial. Their DNA says most ancestors came from Asia, with variable amounts of european blood.

    So what distinguishes the average non-indigenous person from an indigenous person, other than current chosen lifestyle? A little more europe in the DNA, is that it?

  • Judges should do a little better generally with situations like the frivolous disclosure. Recall that a deposition is not a voluntary act. So, a person is haled into court, and then the contents of a dep are disseminated. That’s a problem, and the sanctions should be very harsh.

    Suspension from the practice of law should be on the table,

  • Socialist destruction of the private housing market–

    Critics offer a false choice between Seattle-style homeless encampments and unsustainably expensive government housing developments. In fact, there is a well-tested socialist alternative, the internal passport.
    https://en.wikipedia.org/wiki/Propiska_in_the_Soviet_Union
    There were no unsightly homeless encampments in Soviet Moscow because you could not move there without a government permit (“propiska”).

  • Re:Sanders boosts opposition to East Boston plan to build mix of 10,000 market and affordable new homes

    What about the needs of the 10,000 people who would live there? Because a non-English-speaking neighbor may or may not have given informed acquiescence, all these plans are on hold?
    Interesting – it seems almost the opposite of leftish practices regarding our national borders and immigration.