Posts Tagged ‘Los Angeles’

Guestblogger archive week: I

Over the years about thirty friends and acquaintances have contributed their talents as guestbloggers at Overlawyered, typically posting over the span of a week while I’m away from my duties. I’d like to use this week to tell what some of them are doing now, highlight a few of their contributions, and I hope at least mention the names and link the author archives of all of them.

Ron Coleman, an IP and media law attorney attorney in greater New York, writes the excellent and longstanding Likelihood of Confusion blog on trademarks, copyrights, Internet law and free speech, from which I’ve learned a lot over the years. He’s guestblogged for us twice, covering such issues as a New York male attorney’s discrimination suit against ladies’ night discounts at bars; a suit in Romania by a prison inmate purportedly against God Himself (“He has some issues, only not justiciable ones, it seems”); and a lawsuit by NBA players over depictions of their lady interests on a VH1 show called “Basketball Wives.” His full archive is here (law-oriented and personal Twitter).

When he guestblogged for us, Will Baude was a student at the University of Chicago Law School. He’s now on its faculty, teaching federal courts and constitutional law, after doing things like clerking for appellate judge Michael McConnell and Chief Justice John Roberts. Last week he was a guestblogger at Volokh Conspiracy about his work on the law of interpretation, statutory and otherwise; sample posts here and here. During his guest week at Overlawyered he covered a dispute over whether a California city should sue over a reference to its citizens as “white trash” on a popular TV show, “The O.C.”, and wrote on popular schemes (popular in philosophical circles, at least) “to extend the right to vote to children of any age.” Full archive here (Twitter).

Pasadena attorney George M. Wallace wrote the excellent insurance law blog Declarations and Exclusions through 2013, and continues to blog on non-legal subjects at A Fool in the Forest. In his time with us he covered an advisory in the L.A. city attorney’s office on “how they should recognize a newsworthy legal case. Public safety? Important public issue at stake? Nah, this is L.A. Number one is any case involving a celebrity — ‘no matter how minor’ — followed closely by a politician. Death, mutilation, child molestation or animal cruelty are also sure bets.” And he wrote — this nearly ten years ago — about the legal showdown between TV personality Rosie O’Donnell and Donald Trump. Full archive here (Twitter).

Because I’m expecting some down time in my own blogging in coming months, I invite volunteers (and of course repeat volunteers) who might like to guestblog in this space this summer and fall. Email editor – (at) – overlawyered – (dot) – com.

Wage and hour roundup

  • Los Angeles hotel workers catching on to real intent of city ordinance carving out sub-minimum wage at unionized employers [Scott Shackford, Reason, earlier] “Why Sports Authority is throwing in the towel and closing all of its stores” [Kevin Smith, San Gabriel Valley Tribune/Pasadena Star-News]
  • “France might pass a law that makes it illegal to send after-hours work emails” [Washington Post]
  • Boiled at slightly lower temperature: DoL considering knocking down salary threshold a bit, $47,000 rather than $50,440, for its awful upcoming overtime mandate [Jon Hyman; video from Partnership to Protect Workplace Opportunity, group critical of regs; earlier here, etc.]
  • “Eleventh Circuit Reins in NLRB’s Mischaracterization of Independent Contractors as ‘Employees'” [John Park, Washington Legal Foundation]
  • “Relax Everyone: NELP’s New Report Says The Minimum Wage Doesn’t Cost Jobs” [Tim Worstall] “The Economic Denialism of a $15 Minimum Wage” [John McGinnis; Chris Edwards/Cato] David Henderson scrutinizes work by left-wing Berkeley economist Michael Reich backing $15 minimum [EconLog]
  • Idea of abolishing the tip system, pushed by some labor activists and eyed as a fallback by businesses tied up in wage law knots, meets with huge resistance from restaurant staff in U.S. [NPR]
  • “Hillary Clinton Just Turned the Democratic Party Into the Party of the $15 an Hour Minimum Wage” [Peter Suderman]

Can a city deny Donald Trump a rally permit?

The other day 34-year-old Mayor Lindsey Horvath of West Hollywood, Calif. said Republican presidential contender Donald Trump and his campaign were “not welcome” in her city. She also “instructed City staff that they are able to refuse to issue special events permits to Trump should he attempt to schedule a rally,” reported Gabby Morrongiello in the Washington Examiner. “Horvath has also called on the other 87 mayors in Los Angeles County to follow suit and block the billionaire from campaigning in their cities.”

Those comments might have set her community up for a costly lawsuit, since her position is plainly unconstitutional. Courts in the United States have made it clear that cities are not free to turn down a permit for one candidate that they would have approved for another simply because they disapprove of the first candidate’s viewpoint. Yet when contacted by law professor/blogger and First Amendment specialist Eugene Volokh, Horvath stuck by her position.

However, city attorney Michael Jenkins, evidently better informed, gave a response that directly contradicted the mayor’s when Volokh contacted him for a follow-up: “The City would consider an application from the Trump campaign no differently than from any other campaign.” Notes Volokh: “The city attorney’s position is consistent with First Amendment law; the mayor’s is not.”

There is no indication that Trump has planned any rallies for West Hollywood, notwithstanding a tweet in February by author Bret Easton Ellis that raised some eyebrows about the possibility that the billionaire might have an untapped constituency there.

P.S. In comments, Chris Bray notes that under West Hollywood’s system of governance, which delegates executive power to a city manager while a largely ceremonial position as mayor rotates among city councilpersons, it appears Horvath could not order city staff to adopt any policy on her own.

Police and prosecution roundup

  • Amid multiple scandals, why won’t office of Orange County, Calif. District Attorney Tony Rackauckas confirm name of county investigator alleged to have beaten defense attorney in courtroom hallway? [R. Scott Moxley/OC Weekly via Radley Balko, Voice of OC]
  • And from February: “former Los Angeles sheriff Lee Baca announced that he would plead guilty to criminal charges related to systemic misconduct in his department, specifically to a charge of lying to investigators in an effort to cover up that wrongdoing.” [Kevin Williamson]
  • Post-Ferguson investigation: problems with small-town municipal courts go way beyond North St. Louis County into outstate Missouri [St. Louis Post-Dispatch]
  • Judge throws out mountain of tickets from Chicago traffic and speed cameras [TimeOut, Timothy Geigner/TechDirt, earlier]
  • Britain: following collapse of lengthy Operation Midland law enforcement inquiry into a fantasist’s wild tales of abuse (did senior Tories murder rentboys for fun?) vindicated officials and their families wonder where to turn to get their reputations back [Dan Hodges/Telegraph (citing Metropolitan Police commissioner Bernard Hogan-Howe’s favorable reference to a second official’s statement that “The presumption that a victim should always be believed should be institutionalized”); Matthew Scott/Barrister Blogger, Richard Bartholomew]
  • Supreme Court nominee: “In Criminal Rulings, [Chief Judge Merrick] Garland Has Usually Sided With Law Enforcement” [New York Times; more on Garland’s D.C. Circuit rulings]

February 17 roundup

  • 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]

Environment roundup

  • Remembering William Tucker, author of books on many subjects including the 1982 classic on environmentalism, Progress and Privilege, and a valued friend of long standing [RealClearEnergy, where he was founding editor]
  • Scalia took lead in defending property rights vs. regulatory takings, but mostly not by deploying originalist analysis. A missed opportunity, thinks Ilya Somin;
  • What? Children in parts of Saginaw, Grand Rapids, Muskegon, etc. have higher blood lead levels than in Flint [Detroit News] Flint water department didn’t use standard $150/day neutralizing treatment. Why not? [Nolan Finley, Detroit News] Children in Michigan generally ten years ago had higher prevalence of lead in blood at concern thresholds than children in Flint today [David Mastio, USA Today] Earlier here and here;
  • On eminent domain, Donald Trump and Ted Cruz seem to be “talking past each other, about two different things” [Gideon Kanner]
  • Saboteurs going after Canadian pipelines [CBC]
  • “Mission or Craftsman style” was insisted on, but the resulting vacant lot doesn’t seem to be either: south L.A. grocery scheme dies after decade-long urban-planning fight [Los Angeles Times]
  • As prices plunge: “Where Have All the Peak Oilers Gone?” [Ronald Bailey, Reason]

Schools roundup

  • Libertarians warned about this: New Jersey’s broad “anti-bullying” law used to silence 15 year old student’s political tweets [Robby Soave, Reason]
  • “New proposal would put armed, retired cops in New Jersey schools” [NJ.com]
  • Chapters ostensibly agreed, though their leeway to refuse not clear: “University of Alabama quietly testing fraternity brothers for drugs” [Al.com]
  • About time Congress noticed: Sen. James Lankford asking questions about Department of Education’s Dear Colleague letter [FIRE]
  • Schools vigilant against danger of grandparents reading aloud to class without background checks [Lenore Skenazy]
  • No helicopters in sight: German preschool/kindergartens send kids as young as three to camp in woods [WSJ]
  • Los Angeles and New York City school officials got same anonymous threat, but only L.A. closed schools [Ann Althouse]

Labor and employment roundup

  • “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]

Environment roundup

  • Cato podcast with William Fischel on his new book Zoning Rules! The Economics of Land Use Regulation;
  • If traveling with your pet skunk, avoid Tennessee [Mental Floss, “15 Surprising Animal Laws That Are Still on the Books”]
  • “How Land-Use Regulation Undermines Affordable Housing” [Sanford Ikeda and Emily Washington, Mercatus via Market Urbanism] Head of Obama administration Council of Economic Advisers gives speech pinning high housing costs on land use regulation, but don’t get hopes up about policy changes quite yet [Randal O’Toole, Cato]
  • Panel on role of Congress in environmental law at Federalist Society National Lawyers’ Convention with David Schoenbrod, Eric Claeys, Matt Leggett, and Nicholas Robinson, moderated by the Hon. Steven Colloton [YouTube]
  • “Market urbanist” position criticized (Steve Randy Waldman) and defended (Jeff Fong);
  • Mysteries of Los Angeles: drive to limit large residential developments is being led in part by… AIDS Healthcare Foundation? [L.A. Times]
  • “On the misuse of environmental history to defend the EPA’s WOTUS rule” [Jonathan Adler, earlier on Waters of the United States rule]

The press and the prosecutors

Did federal prosecutors manipulate Los Angeles Times reporting to help win a case? Even if editors don’t care, readers might [Ken White, Popehat]. Read the whole thing, but here’s one choice quote:

The problem illuminated here isn’t just one of possible government misconduct. It’s the too-cozy too-credulous relationship between law enforcement and the press, and the very questionable decisions the press makes about what is a story. I’ve been writing about this for some time. The press thinks that a picture of a guy being perp-walked is a story, but the willingness of the cops to stage that picture to humiliate the defendant is not a story. The press thinks that juicy evidence against a defendant is a story but law enforcement’s motive in leaking that evidence isn’t. When the people sworn to uphold the law, who are prosecuting someone for violating the law, break the law to damage a defendant, the press thinks that the leaked information is the story, not the lawbreaking by law enforcers. The press does not, as far as I can tell, assess when it is being used as a tool by law enforcement. How could it, if it wants to preserve its source of tasty leaks?