- Ingenious tactic to get bad review off search engines: arrange and win a pretend lawsuit in some other state [Paul Alan Levy]
- Law professor proposes to give out tax breaks based on race. Constitutional problems with that? [Caron/TaxProf]
- $2,250 for the legal right to thread existing barrels: presidential order expands definition of “manufacturer” under arms treaty, which leaves some gunsmiths nervous [The Truth About Guns]
- Political corner: Michael Greve reacts to Jonathan Rauch’s Atlantic article, “How Did Our Politics Go Insane?” [Liberty and Law] And for those following my commentary about the Gary Johnson campaign (see earlier), I’ve got a piece at Cato on his rocky relations with conservatives as well as a letter to the editor at the Baltimore Sun;
- On Naomi Schaefer Riley’s new book, The New Trail of Tears: How Washington Is Destroying American Indians [Carla Main, City Journal; Chris Edwards]
- But which way would the causation run? Econometric analysis finds “EU membership is positively associated with economic freedom.” [EPI Center] Will Brexit promote freer outcomes in areas like agricultural subsidy, or simply a return to national protection? [Simon Lester, Cato]
Once again some advocates are advancing what they see as gun rights at the expense of the general rights of private property and contract. This time it’s a new state law that “allows any Tennessean with a valid gun permit to sue a property owner in the event of injury or death provided the incident occurred while in a gun-free zone.” More specifically, the “legislation places responsibility on the business or property owner of the gun-free area to protect the gun owner from any incidents that occur with any ‘invitees,’ trespassers and employees found on the property, as well as vicious and wild animals and ‘defensible man-made and natural hazards.'” The bill excludes situations where the law itself imposes the status of “gun-free zone,” but includes situations in which a Tennessee business adopts the status in order to follow the policy of its corporate owner or franchisor.
Traditional Anglo-American law grants to a property owner as a matter of course not only the right to exclude guns, but also to ask of customers and other invitees that, as a condition of their visit, they agree to assume the risk of some “defensible hazards” contemplated by the law, such as harm occasioned by roaming wild animals. Is it too much to ask that gun advocates promote the actual rights prescribed by the Second Amendment against government infringement — which certainly could use promotion right now — rather than infringe traditional individual property and contract liberties by inventing spurious new gun “rights”? [Tennessean via Bearing Arms] Earlier on laws restricting property owners’ rights to set rules against guns in parking lots here, here, here, here, related Roger Pilon at Cato, and, also with coverage of “off-duty conduct” as a protected class in discrimination law, here.
- It’s against the law to run a puppet show in a window, and other NYC laws that may have outlived their purpose [Dean Balsamini, New York Post]
- L’Etat, c’est Maura Healey: Massachusetts Attorney General unilaterally rewrites state’s laws to ban more guns [Charles Cooke, National Review]
- Appeal to Sen. Grassley: please don’t give up on Flake-Gardner-Lee venue proposal to curtail patent forum shopping [Electronic Frontier Foundation, Elliot Harmon]
- Oil spill claims fraud trial: administrator Ken Feinberg raised eyebrows at news that Mikal Watts “was handling claims from 41,000 fishermen.” [Associated Press, earlier]
- By 70-30 margin, voters in Arizona override court ruling that state constitution forbids reduction in not-yet-earned public-employee pension benefits [Sasha Volokh]
- Google, Mississippi Attorney General Jim Hood appear to have settled their bitter conflict [ArsTechnica, earlier]
- “Here’s how lawmakers want to fix our kidney shortage” [Robert Gebelhoff, ideas of Sally Satel and others; Alex Tabarrok on Rep. Matt Cartwright (D-Pa.)’s proposed Organ Donor Clarification Act]
- AMA: Lawyer ads stirring up pharmaceutical litigation are scaring viewers into going off needed medications [Jessica Karmasek, Forbes]
- How does Cuba score such good infant health data? Fudging statistics, jailing truth-tellers helps [video, Free To Choose TV, “Dead Wrong” with Johan Norberg]
- Per Swedish study, lottery winners do not get healthier after their windfalls. Some implications about health care and inequality? [Alex Tabarrok]
- Really, AMA: declaring shootings a public health crisis at best a political stunt [Trevor Burrus]
- Is ten years too long, Your Honor? “New York Lawmakers Push to Extend Deadline for Med-Mal Suits” [Insurance Journal]
The New York Times has a very good editorial calling for reform of the state’s crazy gravity-knife law, under which the NYPD has arrested thousands of stagehands, carpenters, construction workers and others observed in possession of work knives that are legal almost everywhere else in the country. I wrote about the issue for Cato a year and a half ago; more here.
- No flavored milk for 5-year-olds: feds prescribe what day care centers may serve to 3 million kids [final rule via Elizabeth Harrington, Free Beacon]
- Andrew Jackson and alcohol access: “…whereas Whigs insisted that regulating morality was a proper function of government, Democrats warned that government intrusion into areas of private choice would violate republican liberties.” [John M. Murrin et al, Liberty, Equality, Power on Massachusetts “Fifteen-Gallon Law” of 1838, via historian Richard Samuelson on Twitter, and more]
- Eric Schneiderman takes his toll of fun: “Daily Fantasy Sports Stop Operations in New York” [Scott Shackford]
- Wyoming happy with results of food freedom legislation [Baylen Linnekin]
- Priors didn’t help, but yes, New Jersey’s gun control laws are such that the state will prosecute an actor over a prop gun used in filming a movie [AP/San Jose Mercury News; Carlo Goias]
- Hadn’t remembered the Great Boston Molasses Flood of 1919, one of America’s strangest industrial disasters, had a Prohibition angle [Dylan Thuras, Atlas Obscura]
Under New York City’s stiff gun control laws, it can be famously hard to obtain a carry permit from the NYPD’s license division — at least, famously hard if you’re an ordinary resident without cash or connections to spare. Now, scandal [DNAInfo, New York Daily News]:
A Brooklyn businessman has been charged by the feds with obtaining gun permits for friends and other businessmen by paying hundreds of thousands of dollars in bribes to NYPD officers in its License Division, authorities said on Monday….
In all, Lichtenstein boasted that he obtained 150 weapons for his friends and associates, charging them about $18,000 each time, and giving $6,000 of the payout to his police connections. If true, that means corrupt officers raked in as much as $900,000.
It’s yet another reminder, Ira Stoll points out, of the general rule that draconian regulation begets corruption — and a caution to those who propose to inflict NYC-style regulation on other parts of the country.
- To keep your sex business free from the coils of federal regulation, your best bet might in fact be Ted Cruz, implacable opponent of Operation Choke Point [Elizabeth Nolan Brown; more from Snopes on rather silly attacks on Cruz for doing job lawyers are expected to do for clients in Texas case]
- Snoopy, you’re not systematically important: judge frees MetLife from SIFI designation under Dodd-Frank [Thaya Brook Knight/Cato, John Cochrane]
- What with Sen. Elizabeth Warren trying to put a lid on some companies’ criticism of the Labor Department’s fiduciary rule, hope it’s still OK for the rest of us to talk about it [Thaya Brook Knight, Cato]
- Sen. Warren isn’t only one using letters to SEC to browbeat businesses: New York City elected Public Advocate Letitia (“Tish”) James tries to hassle gunmaker Sturm Ruger to comply with various demands of gun control advocates [Manikandan Raman, Benzinga/Yahoo; more on Ms. James and her blames]
- Next term Supreme Court will consider case on scope of insider trading law, Salman v. U.S. [Ira Stoll, more] “Returning to Common-Law Principles of Insider Trading After United States v. Newman” [Richard Epstein, Yale Law Journal on Second Circuit’s decision via Stoll]
- DoJ cracks down on big-investor activism — at least when of a sort antitrust enforcers don’t like [Matt Levine]
- Women-only ride-hailing service (“Chariot”) set to launch in Boston. But is it actually legal under prevailing discrimination law? [Story Hinckley, Christian Science Monitor]
- Troll it with flowers: “Intellectual Ventures Hits Florist With Do-It-On-A-Computer Scheduling Patent” [Daniel Nazer, TechDirt]
- Pirate smugglers of Lake Champlain! Hillary Clinton’s tales of Vermont gun-running are silly beyond belief [Michelle Ye Hee Lee, Washington Post “Fact Checker”; Three Pinocchios]
- “Does Anyone Get Arrested For Breaking Those Weird Old Laws? This Man Did” [Mental Floss on Michigan swearing law]
- Harassment in Harrisburg: “Retaliation and Intimidation Persist in AG [Kathleen] Kane’s Office” [Lizzy McLellan and Ben Seal, The Legal Intelligencer, earlier]
- “Congress should privatize the USPS, repeal its legal monopolies, and give the company the flexibility it needs to innovate and reduce costs.” [Chris Edwards, Cato]
- Sixth Circuit to IRS: stop stonewalling the political-targeting-of-nonprofits scandal [Jonathan Adler, James Taranto/WSJ “Best of the Web”, Joely Friedman/Capital Research Center (see Table 1), my take on the Lois Lerner scandal two years ago]
- “What’s the most ridiculous thing you could imagine a city doing?” “Dunno…paying people not to shoot each other?” [Washington Post on so-called Richmond plan]
- Never mind, prior art: archery company drops foam-arrow patent case, still pursuing other claims against LARPer [ArsTechnica, earlier]
- In New Jersey, “Possessing Air Pellet Gun During Film Shoot Can Get You Many Years in Prison” [Brian Doherty; earlier on tender mercies of New Jersey gun control in Brian Aitken, Shaneen Allen, and Gordon VanGilder cases]
- Georgia: “Woman Walks Into Ladder, Sues, Wins Huge Jury Verdict” [Bob Dorigo Jones]
- New allegation on 20-year-old Vera Coking story: Trump offered work to lawyer representing her in limousine-lot eminent domain case [Washington Post] Magnifies the power of celebrity: “Campaign Finance Restrictions Help Trump” [John McGinnis, Liberty and Law]