Author Archive

“Trump threatens to sue New York Times”

Presidential candidate Donald J. Trump, following negative coverage including a story on his use of tax breaks in real estate development [The Hill]:

Vague lawsuit threats are usually the bumptious kind: there is no cause of action for “irresponsible intent.”

U.K.: cross-examination before jury deemed too hard on vulnerable witnesses

New court reforms proposed by the U.K.’s Ministry of Justice would do away with many criminal defendants’ right to cross-examine accusers before a jury. The rules provide that what are deemed “vulnerable” victims and witnesses, mostly in sex cases, will instead be allowed to undergo cross-examination recorded in advance for later play in court. [BBC] Here in the U.S., the Sixth Amendment’s Confrontation Clause might have a thing or two to say about that.

Police and prosecution roundup

  • Mississippi AG Jim Hood, a longtime Overlawyered fave, finds way to snipe at opposing death penalty counsel [Radley Balko]
  • Police use forced catheterization to obtain urine samples from unwilling suspects. A constitutional issue? [Argus-Leader, South Dakota]
  • “Why Gary Johnson Opposes Hate-Crime Laws (and You Should Too)” [Elizabeth Nolan Brown]
  • Yes, the Baltimore aerial surveillance program should raise concerns [Matthew Feeney, Cato]
  • “The Citizen as ATM: A small Missouri city has become a legal testing ground for ticketing practices and court reform” [Carla Main, City Journal]
  • New Mexico, a leader on asset forfeiture reform, should now tackle mens rea reform [Paul Gessing]

Labor and employment roundup

  • “This One Simple Trick — Used by Colin Kaepernick — Will Make It Harder To Fire You” [Coyote] And on the topic of retaliation, Obama administration appointeees have been revising doctrine in a direction sharply unfavorable to employers both at the EEOC and at OSHA, the latter of which has legal authority to enforce the retaliation provisions of many laws like Dodd-Frank unrelated to conventional occupational hazard [Jon Hyman on EEOC and OSHA]
  • In $5 million award, Texas jury finds SEIU playbook on janitors’ campaign encouraged lawbreaking disruption of target business and its clients [Jon Cassidy and Charles Blain, WSJ]
  • Obama administration’s new blacklisting rule on labor violations gives unions a whip hand in negotiations with federal contractors, as if by design [Marc Freedman, U.S. Chamber]
  • Finally, a state appellate court pokes a hole in the bizarre California Rule under which public employers may not reduce future pension benefits even when based on work not yet performed [Dan Walters/Sacramento Bee, Scott Shackford, Reason]
  • Hearing over expanding employment-law damages in Colorado highlights shift in EEO law toward goal of money extraction [Merrily Archer]
  • Post-Friedrichs, the future of mandatory union dues in public employment [Federalist Society podcast with Scott Kronland and William Messenger] “Big Labor Tries To Eliminate Right-To-Work By Lawsuit” [George Leef]

September 14 roundup

Campus climate roundup

  • Will the University of Chicago’s new policy on free expression chill professors’ freedom to run their classes in their own way, as some claim? [Alex Morey/FIRE, Howard Wasserman/Prawfs] Jonathan Chait on how the safe spaces debate really isn’t about things like church groups or gay bars; and a judicious Ken White at Popehat on how safe space idea can make sense in private/chosen settings, but not as academic mandate.
  • As federal Title IX enforcement percolates downward: e-mail from administrator at University of Alaska, Fairbanks, discusses expelling “perp” before investigation has begun [K.C. Johnson on Twitter] USC administrator: do they know who I am? [same] Wasn’t Columbia U. just serving up what its customers want? [Scott Greenfield] “OCR to Frostburg State University: Common Sense, ‘Reasonable Person’ Standard Violate Title IX” [Robby Soave]
  • UW-Milwaukee poster campaign warns students against using terms like “lame,” “crazy,” and — inevitably? — “politically correct” [Jillian Kay Melchior/Heat Street, Robby Soave/Reason]
  • The future of American higher education: fewer historians, more chief diversity officers [David Frum]
  • “More on the sex panic at Yale” [KC Johnson, Minding the Campus]
  • Capitol Hill Republicans keep shoveling cash at power-mad campus regulators, while tying hands of dissenters at the U.S. Commission on Civil Rights [John Fund, NR]

Environment roundup

  • Didn’t realize former Massachusetts Gov. Bill Weld had written a novel sympathetic to the persons displaced by one of the great eminent domain binges, the 1930s creation of Quabbin Reservoir (“Stillwater,” background) And down in Virginia: “Sixty years ago they were evicted from the Blue Ridge to make way for Shenandoah National Park. But the refugees haven’t forgotten their lost mountain homes.” [Eddie Dean, Washington City Paper]
  • Tokyo’s wide-open policy on development is one reason its house prices have not skyrocketed despite rising population [Alex Tabarrok, more, contrast with cities like Delhi and Mumbai]
  • “Chevron Paves The Way For Corporations To Fight ‘Shakedown Lawsuits'” [John Shu, Investors Business Daily, related editorial drawing FedEx and SEIU parallels] More: Roger Parloff and Michael Krauss on Canadian enforcement action in ongoing Ecuador dispute;
  • “The Environmental Lightning Rod Known as Fracking” [Ned Mamula, Cato]
  • Massachusetts voters in November will face ballot measure sharply restricting methods of handling a host of livestock animals [Baylen Linnekin]
  • Do woodpiles attract termites? Chamber backs Flower Mound, Tex. man facing billions in fines for storing wood [Dallas News, earlier]

After Louisiana made cops a protected group in hate-crime law

That was fast: it looks as if the first charge under Louisiana’s new “Blue Lives Matter” law was made to hang a felony rap on a man who shouted slurs at police as they escorted him to the station. Hours later, a spokesman for the New Orleans Police Department acknowledged that a sergeant at the scene had applied the hate crime law incorrectly and that the charge would be reviewed before proceeding with prosecution. [New Orleans Times-Picayune, and followup; Scott Shackford, Reason (“The release bond for Delatoba’s ‘hate crime’ charge of yelling bad words ($10,000) is actually higher than the amount for the vandalism ($5,000) that drew the police in the first place”); earlier and more]