The Washington Post’s editorialists agree with former U.N. Ambassador John Bolton and former attorney general Michael Mukasey: President Obama is right to plan a veto of a bill passed in the House by a voice vote enabling lawsuits by victims of terror attacks against sovereign countries such as Saudi Arabia over conduct that allegedly contributed to the attacks. Delegating foreign and counter-terror policy to trial lawyers not only wrenches away delicate questions of negotiation and sanctions-imposition from the executive branch to which our Constitutional scheme confides them, but also invites foreign legal systems to begin opening up avenues for lawsuits against the government of the United States. There’s a reason comity and sovereign immunity have stood for centuries as pillars of international law. News coverage: Karoun Demirjian, Washington Post and more.
Various federal laws, including the Americans with Disabilities Act and Fair Housing Act, prohibit discrimination against disabled persons, and mental illness is a disability. And so — say three professors — businesses may be violating these laws by dinging credit applicants for poor credit history unless they make allowance for persons whose poor financial choices were the result of mental illness. Bonus: citation to authority of “United Nations Convention on the Rights of Persons with Disabilities (which the United States has signed)” [Christopher Guzelian, Michael Ashley Stein, and H. S. Akiskal, SSRN via @tedfrank]
- Cross-examination of Mr. Hot Yoga left jury steamed, especially when it came to explaining the luxury cars [Lowering the Bar; more on Bikram Choudhury litigation]
- Forty-nine (!) Georgia corrections officers accused of taking bribes, drug trafficking [WXIA Atlanta; compare Baltimore jail guards scandal]
- More reactions to Justice Scalia’s death: Lee Liberman Otis, Joseph Bottum, Emily Zanotti, David Wagner/Ninomania. His legacy on the Fourth Amendment [Jonathan Blanks, Cato] On canines in the curtilage and the Bill of Rights more generally [Jacob Sullum] Labor and employment law bloggers on his passing [Jon Hyman] Immune to internationalist argle-bargle, Scalia was actually one of SCOTUS’s more cosmopolitan members [Julian Ku/Opinio Juris]
- Los Angeles joins San Francisco and Boston in banning chewing tobacco in Dodger Stadium and every other park and stadium in the city, because it can [Curbed LA]
- “They are both highly educated attorneys” which means they should have known better than to launch that lurid plot to plant drugs on the rival PTA mom [Washington Post]
- To get a cosmetology license in Ohio, you’ll need to undergo training in spotting signs of human trafficking [Elizabeth Nolan Brown/Reason; earlier on hair and beauty professionals as informants]
- “British teenager creates robot lawyer to help people with their legal queries” [Mashable]
- “Outdoor guides to Obama: Take a hike” [Sean Higgins, Washington Examiner; Labor Department imposes higher federal-contractor minimum wage on outfitters operating in national parks, though they do not fit conventional definition of contractors]
- Los Angeles: “Gov’t Emails Cast Doubt On Berkeley Minimum Wage Study” [Connor Wolf, Daily Caller]
- Video: David Boaz (Cato) debates Chai Feldblum (Equal Employment Opportunity Commission) on identity in the workplace [Atlantic “Ideas”]
- Oyster visas: when even Sen. Barbara Mikulski says labor regulations go too far, maybe they go too far [Rachel Weiner, Washington Post]
- Lawsuit: California shouldn’t be letting private employees work seven days in a row whether they want to or not [Trevor Burrus, Cato; Mendoza v. Nordstrom brief, Supreme Court of California]
- One hopes U.S. Senate will think carefully before ratifying international labor conventions [Richard Trumka and Craig Becker, Pacific Standard]
- “We’re going to overturn every rock in their lives to find out about their lifestyles”: union chief vows to go after lawmakers seeking to break county liquor monopoly in Montgomery County, Maryland [Bethesda Magazine]
The much-discussed flirtation of Supreme Court justices with foreign law and transnational standards is something they can seemingly turn on and off at will, argues CEI’s Iain Murray in a WSJ letter to the editor: “to allow more lawsuits, the Supreme Court disregarded every foreign court ruling defining the word ‘accident’ in the Warsaw Convention, in Olympic Airways v. Husain (2004)…. The Supreme Court regularly ignores the international consensus against punitive damages and broad discovery, which most of the world forbids in civil cases, but the U.S. permits.”
- Coming up this Friday and Saturday Mar. 27-28 in D.C., Federalist Society holds star-filled conference on Treaties and National Sovereignty at George Washington University [Nicholas Quinn Rosenkranz]
- Trade agreements are being promoted as extending progressive labor and environmental policies around the globe, hmmm [Simon Lester, related] Courts in European nations urged to use Charter to promote affirmative welfare rights, strike down laws liberalizing labor markets [Council of Europe]
- “Croatian-Serb war offenses litigated under Illinois and Virginia conversion/trespass tort law” [Volokh]
- “Did the Supreme Court Implicitly Reverse Kiobel’s Corporate Liability Holding?” [Julian Ku]
- “There Is No National Home for Art” (Kwame Anthony Appiah on cultural patrimony and antiquities repatriation, NYT “Room for Debate”, related Ku on Elgin Marbles; my take on the collectible-coin angle; earlier here, here, here, here, here, here, here, here, here, etc.]
- British government alleges human rights lawyers continued to pursue claims against British military over Iraq even after evidence of probable falsity emerged [Telegraph]
- Treaties the Senate has blocked tend to be aspirational fantasies [Ted Bromund]
“…the Seychelles or Tonga would have worked just as well.” David Rivkin and Andrew Grossman say President Obama is using international law to advance domestic controls on the sly.
- Department of surreal headlines: “Detroit Mayor’s Office Disappointed With UN’s Stance on Water Shutoffs” [MLive.com via Deadline Detroit, earlier on customers who don’t pay Detroit water bills]
- “When Mr. Bond first impregnated Mrs. Bond’s best friend, the international Chemical Weapons Convention was probably the furthest thing from his mind.” [Nicholas Quinn Rosenkranz, Cato Supreme Court Review (PDF), earlier on Bond v. U.S.]
- A case against including investor/state protections in trade negotiations [Daniel Ikenson, Cato] Issue leading leftists, libertarians separately to discover merits of sovereigntism? [Julian Ku, Opinio Juris]
- Survey of rapidly changing field of transnational antiquities law [ABA Journal]
- Canada, like U.S., gets periodic U.N. tongue-lashing over its relations with Indian tribes/native peoples [Kathryn Fort, ConcurOp]
- With U.S. isolated on firearms issues, U.N.’s contemplated Programme of Action on Small Arms not quite so innocuous [Ted Bromund, more, earlier here, here, here, and here]
- “The U.S. government should be careful about entering into new international agreements and treaties precisely because international laws do have legal force.” [Jason Sorens, Pileus]
Bloomberg’s nanny-in-chief was never the right choice to lead the Centers for Disease Control, much less with an actual epidemic in sight, argues the New York Sun:
…it was the former mayor of New York City who gave the nation Thomas Frieden, who is one dangerous doctor and is the middle of the catastrophe. … Because of the government’s blunders in the Ebola emergency, people are starting to look a harder look at Bloombergism.
… the CDC budget has soared more than 200% since 2000 to $7 billion. The Centers, moreover, are squandering this lucre (which was seized from the American public via taxes) on regulating motorcycle helmets, video games, and playground equipment, as if any of that has anything to do with diseases. No wonder that when Ebola hits, the CDC seems to be staggering….
Mr. Bloomberg is enormously invested in this through the school of public health at Johns Hopkins. Do Americans want a cabal of left-wing, government doctors in Atlanta engineering our playgrounds, motorcycle helmets, and video games? No one plays a video game or rides a motorcycle for his health….
It is important that the Ebola emergency is starting to get people thinking about the first principles of the Centers for Disease Control.
While we’re at it: I’ve got a new post at Cato about the international aspects, including the U.N.’s World Health Organization and Prof. Lawrence Gostin’s article “Healthy Living Needs Global Governance.”
- While Bond v. U.S. ruling was a letdown, notably absent was a liberal concurrence defending broad treaty power against critique of Thomas, Scalia et al [Noah Feldman, Bloomberg View, Peter Spiro/Opinio Juris, Julian Ku and John Yoo, David Golove And Marty Lederman]
- Think before you ratify: in controlled experiment, framing proposed change in domestic law as “required by human rights treaty” boosted support especially among Republicans [Spiro/OJ; more on international human rights treaties here]
- Sen. Ted Cruz publishes “Limits To the Treaty Power” in Harvard Law Review Forum [FedSoc Blog, Nicholas Quinn Rosenkranz]
- “The Ever Expanding Role of Trade Agreements: Human Rights” [Simon Lester, Cato]
- EU brass, reformist NGOs insisted that Romania shut down international adoption. Too bad what happened then [Meghan Collins Sullivan/World Affairs Journal, Stephen Beale/National Catholic Register]
- UK plaintiff’s firm Leigh Day helping Caribbean nations in reparations suit against UK [Telegraph, related]
- Not so liberal: Russia cites U.N. Convention on Rights of the Child in rationalizing anti-gay legislation [Box Turtle Bulletin; related on illiberal treaty applications in internet censorship (related), marijuana (related, earlier)]