A chance for left-right policy alliance might have been missed here [“David Hume,” Secular Right; Coyote]
Archive for October, 2013
Chicago police destroy seized guns
The practice of destroying guns seized by police makes approximately as much sense as shredding money that falls into local governments’ hands, unless, like the Chicago police department, you adopt the view that “guns are the equivalent of free-roaming cobras, being lethal and unmanageable by any means except elimination.” [Steve Chapman, syndicated]
“Corporate personhood is not the enemy”
Law professor Kaimipono David Wenger, who’s ordinarily found on the opposite side of issues from us, explains why “Corporations aren’t people!” is a vacant slogan and when rightly understood not even a progressive one. [Concurring Opinions]
Constitutional and Supreme Court roundup
- Now available: 2012-13 edition of the celebrated Cato Supreme Court Review. And full video of Cato’s Constitution Day, at which many of the CSCR authors spoke, is up here;
- Is a hearing necessary if prosecutors freeze assets needed to pay defense lawyers? Court hears argument in forfeiture, money laundering case Kaley v. U.S. [ABA Journal, Jacob Sullum, Scott Greenfield, Harvey Silverglate]
- Court grants certiorari in greenhouse-gas case Utility Air Regulatory Group v. EPA [Jonathan Adler, Richard Faulk]
- Ilya Somin briefly reviews three new books on constitutional law: John McGinnis and Michael Rappaport on originalism, Randall Kennedy on affirmative action, and Clark Neily on judicial engagement [Volokh]
- General jurisdiction: “Justices Wrestle With Whether California Law Reaches A Mercedes Plant In Argentina” [Daniel Fisher]
- Home Building & Loan Ass’n v. Blaisdell (1934) eviscerated the Contracts Clause, right? Well, it’s complicated [Gerard Magliocca]
- Much-noted interview with Justice Scalia [New York mag] Is there a conservative jurisprudence bubble? [Daniel McCarthy] New opera “Scalia/Ginsburg” [Washington Post]
- “The Fiduciary Foundations of Federal Equal Protection” [Gary Lawson, Guy Seidman, & Robert Natelson, SSRN]
Will Congress extend copyright again?
“15 years ago this Sunday, President Clinton signed the Sonny Bono Copyright Term Extension Act, which retroactively extended copyright protection. As a result, the great creative output of the 20th century, from Superman to ‘Gone With the Wind’ to Gershwin’s ‘Rhapsody in Blue,’ were locked down for an extra 20 years.” Expect a push for yet another extension — but this time online critics will have plenty of time to mobilize on behalf of the broader creative interest in adaptive reuse. [Timothy Lee, Washington Post]
A slippery slope to polygamy?
I don’t think everyone who supports same-sex marriage is logically obliged to support polygamy, and say so in this post taking issue with columnist Mona Charen. She responds here.
P.S. More thoughts from Eli Lehrer at Huffington Post (“Gay marriage is increasingly accepted precisely because its results, to date, have been good for society. Polyamory on a large scale would have negative short-term results and that’s a good reason to think it’s just not going to happen.”).
“Ecuador Judge Testifies He Was Bribed to Rule Against Chevron”
“The judge, Alberto Guerra, took the stand … in Manhattan federal court during the trial in a racketeering suit in which Chevron alleged that the verdict in Ecuador was procured through fraud. Guerra has said in a declaration filed with the court that he was paid thousands of dollars by lawyers for the plaintiffs to steer the case in their favor.” A spokesman for Steven Donziger, Chevron’s adversary at the trial, calls the former jurist an “extortionist.” [Bloomberg Business Week, Christie Smythe and Paul M. Barrett; Bernard Vaughan, Reuters; earlier]
More: Roger Parloff/Fortune; earlier Bloomberg (“[Donziger’s] media campaign … helped to secure an article in Vanity Fair”).
Complaint of “bullying” after team’s 91-0 defeat
Ken at Popehat offers some perspective [link fixed now, thanks Hans] on the events at Aledo High School in Texas:
It’s important to point out that the report is from one angry father, not from an entire culture. The systemic issue, if there is one, is the series of laws that requires a formal investigative process no matter how facially ridiculous a complaint. Another systemic issue, if there is one, is the malleability of words like “bullying,” which can be used to pursue any sort of grievance, whether or not it is actually related to the well-being of children.
$445,000 per South Bronx “affordable housing” unit?
Some reasons to think Bill de Blasio’s schemes for “mandatory inclusionary zoning” are likely to fall short. [Jim Epstein, New York Daily News]
D.C. “30 armed officers in full tactical gear….”
“…based their search on a charge made by [his] estranged wife.” What, no armored vehicles? After tearing up the Georgetown home of businessman Mark Witaschek, police say they found some ammunition — which is unlawful to possess in D.C., even spent shells and casings, unless you are a licensed gun owner — but Witaschek says he is standing on principle and turned down a probation plea. [Washington Times]