- Voters unseat prosecutor in office during Luzerne County cash-for-kids scandal [Wendy N. Davis, ABA Journal]
- Obama plan for mass refinance overriding terms of mortgages “could permanently drive housing finance costs higher” [James Pethokoukis]
- In Sackett v. EPA case, SCOTUS will decide which EPA enforcement actions if any should escape judicial review [Ilya Shapiro/Cato, Adler, Root] Keystone XL episode gives reason to revisit NEPA [Conn Carroll] Ninth Circuit ruling on forest road runoff will test Obama position [David Freddoso]
- Debate at Point of Law on President’s recess appointment power between Jason Mazzone and Andrew M. Grossman;
- Lobbyists help get traffic-cams back on Connecticut legislative agenda [Chris Fountain]
- Read it here first: “Courts push back on bribery prosecutions” [Reuters]
- “In my little corner of the Blawgosphere, few things drive traffic like an Overlawyered link. Thank you, @walterolson.” [George Wallace]
Archive for January, 2012
“The legal investigator should not rely upon pretext or subterfuge…”
“….except in situations when an honest and straightforward approach will not be effective.” [David Hricik (citing not endorsing), Legal Ethics Forum]
Annals of overcriminalization: whale watching biologist
The 1972 Marine Mammal Protection Act bans feeding protected dolphins, seals and whales. A grand jury has now indicted licensed marine biologist Nancy Black, who sought to record the behavior of killer whales by rigging attachments to some killed prey that the predators were in the process of eating. Black’s attorney says she also faces a charge of lying to federal investigators because when asked to turn over evidence she gave them footage of the incident that she had already edited for reasons unrelated to the investigation. [The Economist]
Sending a remittance to Zimbabwe
The U.S. government really doesn’t believe in making it easy, which is why you might think of using a financial institution in Singapore, where they will be happy to do business. “The whole affair was just another friendly reminder of why I try to avoid doing anything in the US at all. Regulations, financial tracking, consumer protection… it’s just too damn difficult to get anything done.” [Simon Black, Sovereign Man]
“She’s had to double her blood pressure medication.”
A discarded Arkansas Lottery ticket turns out to be a $1 million winner, and now three women are fighting over who owns it. [ABC]
David Segal on law school economics
The New York Times reporter whose series on law schools has set off a furor lately talks with Bloomberg’s Lee Pacchia about the schools’ high cost, the role of the ABA as accreditor, and the competition for prestige that shapes many of the schools’ actions.
Food law roundup
- NYC health officials, in yet another federally funded food-denunciation ad campaign, Photoshop leg off obese guy to turn him into supposed diabetic amputee [my new Cato post, Radley Balko; more Caroline May/Daily Caller] Still at it update: “First 5” government program ad campaign Photoshops pic of little girl to make her look more obese [Jezebel, Jun. 2013]
- Are White House advisors reading my posts? Probably not, but deregulation of dairy-farm “oil” spills still gave President an applause line in State of the Union speech [also at Cato]
- More on L.A. schools’ healthy-lunch debacle [WSJ edit, earlier] It’s an illustration of how promising pilot projects often don’t scale [Megan McArdle] New Penn State study finds no connection between child obesity and availability of “bad” foods at school [NYT, Philly Mag, study via Wajert]
- “Obesity plateau” of American population should offer chance for calm policy reflection, but probably won’t [Jacob Sullum] “Food Lawsuits Claiming ‘Addiction’ Coming To a Courtroom Near You?” [Lammi, Forbes]
- Despite lip service to “letting consumers make their own food choices,” Obama won’t legalize raw milk [Obama Foodarama]
- Coming in April from Tyler Cowen, “An Economist Gets Lunch: New Rules for Everyday Foodies” [Amazon, Freakonomics, Food and Drink category of MR, and you can follow Twitter account @AnEconomistGets;
- “2011 Brought Lots of Good News for Salt Lovers” [Greg Conko, Open Market]
Cruise ship impostors: “They’re called ‘jump-ons'”
“A New York lawyer busted a trio of Hungarian scammers trying to fake the death of a 5-year-old girl and her mom aboard the Costa Concordia cruise ship. … ‘Even after they were busted, they said “we would have gotten away with it” if the neighbor [posing as a grandmother] hadn’t embellished the story and said the girl was missing too,’ [attorney Peter] Ronai said.” [NY Daily News] “‘They’re called “jump-ons.” It’s normal, this is just on a grander scale,’ Ronai said. ‘People will do horrible things for money.'” [UPI]
Ponnuru on Gingrich and the courts
Consider, finally, Gingrich’s much-discussed desire to weaken the federal courts. The view that the courts have much more power than they used to have, and that this change is mostly unfortunate, is a respectable one. The view that Congress and the president should respond on occasion by limiting the courts’ jurisdiction, as Gingrich wants, ought to be respectable, too.
But Gingrich cannot, of course, stop there. He also has to call for Congress to summon judges to explain their decisions, which would be both pointless (they already write opinions), and wrong (congressmen have no constitutional power to hector judges). And he wants to abolish liberal circuit courts and replace them with conservative ones, which is an obvious attempt to ignore the Constitution’s grant of life tenure to judges.
Anyone who proposes that judicial power should be checked arouses the suspicion that what he really wants is freedom from the constraints of the law. Gingrich’s solution to this problem is to confirm the charge instantaneously.
January 26 roundup
- Judge Edith Jones rules: 5th Circuit spanks judge who overturned result of anti-traffic-cam vote [The Newspaper, background]
- “UK Nanny State: Let’s Send Gamers To Rehab” [Nick Sibilla, Reason] “If Poker Is a Public Health Issue, What Isn’t?” [Jacob Sullum]
- Struggle Resolutely Against Misleaders of the People In Weather Broadcasts Everywhere! [TP; reactions from Tony Hake/Examiner, Geoff Fox, Andrew Revkin, Watts Up With That]
- Jury awards $178 million in bariatric-surgery case against Jacksonville hospital, sum greater than GDP of several small island nations [Florida Times-Union]
- Sikh sues Jay Leno over comparison of Romney vacation home to Golden Temple of Amritsar [Daily Mail]
- Redevelopment without prerequisite “blight” akin to Hittite sack of Babylon [Gideon Kanner]
- Convinced hospital broke naming promise, jury tells it to pay $1 million to country singer Garth Brooks [AP]
- “Dean of law bloggers” — why, thank you, sir [Hans Bader, CEI]