May 26 roundup

  • Oh dear: Elena Kagan praised as “my judicial hero” Aharon Barak, ultra-activist Israeli jurist flayed by Posner as lawless [Stuart Taylor, Jr./Newsweek] Kagan and executive power [Root, Reason]
  • More on efforts to get feds to redesign hot dogs and other choking-risk foods [NYT, earlier]
  • Amid brouhaha over Rand Paul views, Chicago firefighter-test case provides reminder of how discrimination law actually plays out in courts today [Tabarrok, MargRev]
  • So please, Ken, tell us what you really think of this Mr. Francis (“Girls Gone Wild”) and his nastygrams [Popehat]
  • More on SEIU’s tactic of sending mob to banker’s home in suburban Maryland [Volokh and more, earlier]
  • “Intensive Parenting Enforced: Parents Criminal Liability for Children Skipping School” [Gaia Bernstein, ConcurOp on a California bill]
  • Julian Ku unimpressed with United Nations officials’ claims that Arizona immigration statute violates international civil rights law [Opinio Juris] Plus, a complaint to the Inter-American Commission on Human Rights [Kopel, Volokh] Ilya Shapiro analyzes statute’s constitutionality [Cato]
  • Bill moving through Congress would force states, localities to accept unionization, arbitration for public safety workforces [Fox, Jottings] And here comes the giant federal bailout of union pension funds [Megan McArdle]


  • The future of America and its place in the world can be foretold by the following: past generations of Americans had the drive and initiative and courage to make it the greatest industrial, military, and cultural superpower the world has ever seen, while today’s Americans tremble in fear of the lowly hot dog wiener.

  • Re: Rand Paul and civil rights, from the blog on the Chicago firefighter discrimination case:

    “The trial court sided with the black applicants, and ordered the city to hire 132 randomly selected African American applicants who scored above 64. The court also ordered the city to divide backpay owed among the rest of the black applicants.

    White, Asian and Hispanic applicants who also scored above 64 but below the 89 standard were not offered employment or backpay.”

    But when have you ever heard the media excitedly grill a SUPPORTER of the civl rights bill over THIS nonsense? Happening RIGHT NOW? No, instead, it’s a grilling over the exclusion of blacks from a lunch counter four decades ago.

    On a practical level, I wasn’t surprised by Rand Paul’s quick retreat on this issue. He wants to get elected. But on an intellectual level, I was dissatisfied. If you’re going to call yourself a “libertarian”, the biggest target you’d have in your sights are the “civil rights” laws, which effect the greatest restriction on freedom — decisions about personal association — I can think of. But as always, the race issue makes men into mice.