Canada’s infamous speech-smothering Section 13’s dead. And good riddance too. Among targets of legal action under Section 13 over the years have been well-known conservative commentators Mark Steyn and Ezra Levant [National Post and more, Brian Lilley, Wikipedia, earlier]
Archive for June, 2013
Podcast: after Windsor and Perry
Cato’s Caleb Brown interviews me on the immediate legal implications of this week’s same-sex marriage cases. Because we spoke the day after the ruling, some of my comments have already been outrun by events; for example, it took only a day or two, not weeks, to overturn the Ninth Circuit stay and begin holding marriages. And the Obama administration has now declared that it will extend federal recognition to all lawfully issued marriage licenses even if not recognized in the state of a couple’s domicile, which had been one of the two biggest immediate practical uncertainties. (The other is the question of retroactive effect: will taxpayers, for example, be allowed to amend filings for past years?) Given the recognition of marriage licenses obtained outside a state of domicile, “States like Texas and Florida will begin noticing — or perhaps they won’t notice — that some of their citizens are getting some federal benefits that somewhat foil their state policy.”
A link to the podcast is here.
Dentist’s demand: yank that Yelp review
Texas: “I’d never trust a dentist who reacts to negative online reviews by having his lawyer threaten the reviewer with criminal charges. Would you?” Complete with a vigorously worded letter, explaining why his client is not planning to take down the review, from attorney Leif Olson of the admirably named Olson Firm in Humble, Texas. [Ken at Popehat]
IRS scandal update
Despite vigorous efforts from some quarters to establish a “progressives were targeted too” narrative, Jonathan Adler explains why the IRS scandal is “still a scandal (but still not ‘Watergate’).” More: “The Internal Revenue Service scrutinized ‘progressive’ groups less harshly than conservative groups, the Treasury Inspector General said in a letter to Congress this week.” [ABC] Earlier here, here, etc.
Bans on farm-filming, cont’d
“Even though I was always on public property when I filmed the horrors I saw outside that slaughterhouse in February, I became the first person charged under one of these ‘ag-gag’ laws.” [Amy Meyer, Washington Post, Utah]
Red Sox fan stabbed gets $4.3M from Connecticut restaurant
“A Boston Red Sox fan who was harassed and stabbed through the neck by a New York Yankees fan at a restaurant in 2010 has been awarded $4.3 million by a jury. The jury in New Haven reached the verdict Thursday in favor of Monte Freire and against the restaurant, U.S.S. Chowder Pot III, in Branford, attorneys for both sides said.” The plaintiff’s lawyer said the restaurant had been put on notice that the Yankees fan was potentially violent and should have cut him off from further liquor; the restaurant’s attorney said that while the man had previously behaved like a jerk, he was sitting quietly when observed which is why the bartender decided only to monitor him. [ESPN]
June 28 roundup
- Record-setting tenure of bullying Rep. John Dingell (D-Mich.) “nothing to celebrate” [Dan Calabrese, Detroit News] Compare: “How to shut down a restaurant in Mexico” [Rob Beschizza]
- How far does discrimination law go? Bill Baldwin interviews John Donohue [Forbes, and thanks for further-reading link]
- Claim: bonding company responsible for actions of criminal after tracking failed [Insurance Journal, S.C.]
- Memo to California legislature: don’t abolish statute of limitation on abuse claims [Prof. Bainbridge]
- Here Come the Other “Happy Birthday” Lawsuits [Lowering the Bar, earlier]
- SCOTUS story someone should cover: Christian-right legal groups backed “right to advocate prostitution” brief in AID case [Volokh, earlier]
- “A TSA employee spotted [the beautiful jeweled lighter] and I swear his eyes lit up.” [David Henderson]
Cato’s phenomenal year at the Supreme Court
This year, the Cato Institute went 15-3 before the Supreme Court, counting argued and decided cases (and not counting Perry, which was resolved on standing rather than merits).
That’s pretty phenomenal. By way of comparison, in this listing of greatest American sports teams, the legendary 1961 New York Yankees were 109-53; the Chicago Bulls of 1995-96 were 72-10; and the 2001-02 Detroit Red Wings were 51-12. Sandy Koufax’s 1963 season had his best win-loss record at 25-5.
And that’s the kind of year we’ve had in the Cato legal department.
P.S. And here’s Ilya Shapiro with a more detailed post including a list of cases. He notes that of the Court’s closing trio of very high-profile decisions, Cato was “the only organization to file briefs supporting the challengers on each one (Fisher v. UT-Austin, Shelby County v. Holder, Windsor v. United States & Perry v. Hollingsworth).”
U.K. private investigation scandal
Growing out of the press-hacking scandal that has stirred so much outrage: “one of the key hackers mentioned in the report has admitted that 80 per cent of his client list was taken up by law firms, wealthy individuals and insurance firms while only 20 per cent of clients were from the media. … the most common industry employing criminal private detectives is understood to be law firms, including some of those involved in high-end matrimonial proceedings and litigators investigating fraud on behalf of private clients.” [Independent]
Sports roundup
- Florida attorney John Morgan, suing NASCAR over crowd injuries, says waiver on back of ticket isn’t valid [Mike Bianchi, Orlando Sentinel, scroll to “Open Mike”; John Culhane, Slate] Idaho court denies assumption-of-risk “Baseball Rule” in foul-ball case [CBS]
- “Pennsylvania vs. NCAA: case dismissed” [antitrust; Rob Green, Abnormal Use]
- 1911 article: aviation “as safe as football”: 47 aviation vs. 60 football fatalities in 1909. [Kyle Graham, @tedfrank] “Do no harm: Who should bear the costs of retired NFL players’ medical bills?” [WaPo] “Retired Jocks Dig for Gold in the California Hills” [Jon Coppelman on state’s generous worker’s comp arrangements, earlier]
- “The Derrick Rose lawsuit and emotional distress claims in South Carolina” [Frances Zacher, Abnormal Use]
- “Parents of autistic New Jersey teen sue so he can play on” [Brick, N.J. football team; WPVI]
- NY Yankees successfully challenge company’s effort to trademark “Baseball’s Evil Empire” [Ilya Somin, Michael Schearer]
- “Memo to Roger Goodell: I’ll take my NFL football without Obamacare propaganda, please” [Bainbridge]