From notorious Boston mobster Whitey Bulger, slain in prison earlier this month, some career advice for students: “If You Want To Make Crime Pay, Go To Law School” [Paul Caron/TaxProf]
A federal judge has ruled the National Rifle Association can proceed with its First Amendment suit against New York Gov. Andrew Cuomo over his pressure on regulated banks, insurers to cut ties with gun rights advocacy groups like the NRA. “U.S. District Judge Thomas McAvoy questioned Cuomo’s claim that his messages about the wisdom and propriety of providing financial services to the NRA amount to nothing but legitimate regulatory oversight and protected government speech.” [Jacob Sullum and background, Eugene Volokh] “It is well-established under binding federal appeals court decisions that government officials like Cuomo are not allowed to pressure organizations or businesses to cut off services to someone because of their political stances or expression — even when the government official uses informal pressure as opposed to explicit threats. (See, e.g., Rattner v. Netburn, 930 F.2d 204 (2d Cir. 1991)).” [Hans Bader] Earlier here, here and here (ACLU files amicus brief defending NRA’s rights), etc.
- R. Shep Melnick on his new book The Transformation of Title IX: Regulating Gender Equality in Education [Christina Hoff Sommers review, Education Next; Brookings; Melnick in National Affairs] And three video appearances by the author [Rockefeller Center at Dartmouth, Hoover Institution, Harvard Program on Constitutional Government]
- Some early looks at Department of Education’s planned revamp of Title IX regs [Robby Soave, Reason and more; KC Johnson, Minding the Campus; Shikha Dalmia/The Week; previously here and here]
- “Students Filed Title IX Complaints Against Kavanaugh to Prevent Him From Teaching at Harvard Law” [Shera S. Avi-Yonah and Jamie D. Halper, Harvard Crimson] “Professor Defends a Woman Accused of a Sex Crime, University Forces Him to Undergo Sexual Harassment Training” [Robby Soave on episode at Plymouth State University in New Hampshire; Conor Friedersdorf (training “as a general purpose punishment for alleged wrongthink”)]
- “Facing Penalties, 100 Percent of College Students Completed Sexual Harassment Training” [Jamie D. Halper, Harvard Crimson]
- “Failing at Fairness: Getting the Story 180 Degrees Backwards” [Coyote]
- Colleges face wave of cases alleging faculty misconduct 25, 35 years ago or longer [Collin Binkley, Asssociated Press]
Since the termination of Operation Choke Point, some have questioned whether Obama-era federal regulators really did engage in systematic and top-down attempts to squeeze off access to financial services for businesses that were lawful but disliked. Now Rep. Blaine Luetkemeyer (R-Mo.) has released documents produced in connection with a lawsuit against the Federal Deposit Insurance Corporation. They show extensive pressure by numerous FDIC regional directors and other officials on regulated banks to terminate customer relationships with payday lenders (the banks were generally already not themselves engaged in such lending). They also include repeated wordings about how higher-ups wanted the pressure applied and that banks’ decisions to cut off customers should be styled as if it were a voluntary choice. [Luetkemeyer press release; Norbert Michel, Forbes; John Berlau, Forbes; trade group Community Financial Services of America]
Collins v. Virginia (5/29/18)
No vehicle search
In curtilage of a home
Without a warrant https://t.co/jNJZjcOZ0F
— Supreme Court Haiku (@SupremeHaiku) May 29, 2018
Stop solo arbitration
If parties agreedhttps://t.co/G6jq2VzVfv
— Supreme Court Haiku (@SupremeHaiku) May 21, 2018
Cell-site records grab
Is a Fourth Amendment Search
Likely need warranthttps://t.co/Jc92MkhjRX
— Supreme Court Haiku (@SupremeHaiku) June 22, 2018
Now out: Supreme Court Haiku paperback makes a perfect fun gift for your literary or contemplative lawyer friend.
A website devoted to legal issues raised by episodes of the comedy Seinfeld. Check it out!
- “Fractional reserve banking is at the root of business cycles” is no more persuasive than “fractional-reserve banking is inherently fraudulent” [George Selgin, Cato Alt-M] And Cato’s 36th annual monetary conference will be held in DC Nov. 15 with the theme: “Monetary Policy: Ten Years After the Crisis”;
- Some fear anticompetitive effects from patterns of common ownership of corporate equities among index funds and institutional investors. Not so fast [Thomas A. Lambert and Michael E. Sykuta, Regulation magazine]
- “10 Years Later, Assessing the Dangerous Legacy of TARP” [John Allison, Real Clear Markets]
- “Why Bitcoin Is Not an Environmental Catastrophe” [Diego Zuluaga, Cato]
- Vern McKinley reviews book by advocate of postal banking revival [Regulation; earlier here and here]
- “America has strong protection of private property rights, is bound by the rule of law, and pays its debts.” Well, for the most part [Gerald O’Driscoll, Jr., Cato Journal reviewing book on FDR gold episode]
I’ve posted before about our July Cato conference on adoption, pluralism, and children’s interests. Now Cato’s bimonthly Policy Report has published highlights of the panel on anti-discrimination law and religious agencies, with speakers including Stephanie Barclay of BYU, Sarah Warbelow of the Human Rights Campaign, Robin Fretwell Wilson of the University of Illinois, and me.
One of my comments about pluralism and freedom in the system: “When I began reading about adoption, I realized for about the umpteenth time how glad I was to live in America.” Not that the system isn’t full of problems: on the grueling 26-year litigation in the New York City foster care case, Wilder v. Bernstein, see this 2011 piece of mine.
Shipping & Transit LLC (formerly known as ArrivalStar) had filed hundreds of cases claiming old patents give it a right to royalties over computer vehicle tracking, but “about 15 months ago, judges began to rule against [it] for the first time. That seems to have put a damper on its entire business model.” [Cyrus Farivar, ArsTechnica]
- Notwithstanding one-person-one-vote, some House districts do have unusually high or low populations. Main reasons: 1) Small states get rounded up or down; 2) demographics change in existing districts over 10-year Census cycle especially where new housing is being built [Hristina Byrnes, 24/7 Wall Street, I’m quoted]
- “‘Outrageously excessive’ requests for attorney fees can be altogether denied, 3rd Circuit says” [ABA Journal]
- Prenda copyright troll Paul Hansmeier, who also did mass ADA filings, pleads guilty to fraud and money laundering charges [Dan Browning, Minneapolis Star-Tribune via Mike Masnick, TechDirt]
- Thread: calm, factual discussion of Department of Justice brief on Title VII and gender identity [Popehat on Twitter]
- We’ve often discussed the high cost of the maritime-protectionist Jones Act, and now Cato has launched a Project on Jones Act Reform;
- “Landlord, a Fairfax, Va. mobile home park, imposes requirement that all adult tenants show proof of legal residence in the country; four Latino families (four men with legal status, four women who are illegal immigrants, and 10 U.S. citizen children) face fines, eviction. A violation of the Fair Housing Act? Could be, says the Fourth Circuit (over a dissent).” [IJ Short Circuit]