Archive for March, 2014

Maryland vows eminent domain to seize “House of Cards”

Kind of like Venezuela with Old Bay seasoning: “Responding to a threat that the “House of Cards” television series may leave Maryland if it doesn’t get more tax credits, the House of Delegates adopted budget language Thursday requiring the state to seize the production company’s property if it stops filming in the state. … Del. William Frick, a Montgomery County Democrat, proposed the provision, which orders the state to use the right of eminent domain to buy or condemn the property of any company that has claimed $10 million or more credits against the state income tax. The provision would appear to apply only to the Netflix series, which has gotten the bulk of the state credits.” [Baltimore Sun, Washington Post, earlier citing David Boaz]

“Brady Campaign To Honor Yee For Violence Prevention”

That was in happier days, when California State Sen. Leland Yee was winning national applause for his gun-control efforts. Yesterday the San Jose Mercury-News reported:

In a stunning criminal complaint, State Sen. Leland Yee has been charged with conspiring to traffic in firearms and public corruption as part of a major FBI operation spanning the Bay Area. … Yee asked whether he wanted automatic weapons, and the agent confirmed he did — about $500,000 to $2.5 million worth.”

Is it time to retire our “Do as we say” tag yet? Eliot Spitzer got exposed after crusading for longer sentences for “johns.” Czars of alcohol-abuse programs keep getting nabbed on the road after having a half dozen too many. Rep. Bob Filner groped his way to the podium to chair hearings on women’s issues.

Now there’s this. Maybe Sen. Yee came down so hard on private gun dealers because he wanted to muscle into the business himself.

The entire criminal information, which beggars belief in its colorful detail (Chinese gangs, Russian arms runners, Muslim insurgents in the Philippines) is here, with highlights summarized by Scott Lucas of San Francisco magazine. The San Francisco Chronicle editorialized: “Few observers of San Francisco politics are surprised by [Yee’s] arrest on corruption charges.” Then there’s this sidelight: “Keith Jackson, accused by the FBI on Wednesday of being involved in a murder-for-hire scheme and a gun- and drug-trafficking conspiracy, was San Francisco’s top elected educator during the late 1990s.” [San Francisco Chronicle]

March 27 roundup

  • “Stupid Warning Shows Up on Leprechaun Hat” [Lowering the Bar, California Prop 65]
  • Lawyers eager to sue over Malaysia Air disaster but first someone has to find the plane [ABA Journal, Bloomberg]
  • Among the many accomplishments of distinguished economist (and total mensch) Murray Weidenbaum: introduction of White House regulatory review [Thom Lambert, David Henderson, Russ Roberts]
  • Quicker but not ultimately cheaper than an appeal: “Losing Plaintiff Hits Defendant With a Truck” [Lowering the Bar]
  • Feds’ Dietary Guidelines Advisory Committee (DGAC) mulls idea “that the government involve itself in the lives of obese people by sending them regular text messages.” [Baylen Linnekin]
  • Posner: judge below “should have smelled a rat” on lawyer’s “shenanigans” [Alison Frankel/Reuters, ABA Journal]
  • “Connecticut chimp attack victim seeks right to sue state” [Reuters, earlier]

Bruce Braley stumbles

Rep. Bruce Braley, a former head of the Iowa Trial Lawyers Association, has since his election been perhaps the most diligent advocate of Litigation Lobby interests in the House of Representatives. He had also been considered the front-runner for the Senate seat of departing Iowa Senator Tom Harkin, until a covert video leaked out of Braley apparently fund-raising at a trial lawyer gathering in Texas [Des Moines Register]:

To put this in stark contrast, if you help me win this race, you may have someone with your background, your experience, your voice, someone’s who’s been literally fighting tort reform for 30 years in a visible and public way on the Senate Judiciary Committee or you might have a farmer from Iowa who never went to law school, never practiced law, serving as the next chair of the Senate Judiciary Committee. Because if Democrats lose the majority, Chuck Grassley will be the next chair of the Senate Judiciary Committee.

Almost nothing about the remarks — including the slighting tone toward Grassley, senior senator and a popular figure in the state — is likely to increase Braley’s appeal to Iowa voters. Dan McLaughlin writes:

As a lawyer myself, I like the idea that we should have some lawyers on the Senate Judiciary Committee and on its staff, but the whole point of democracy is that the common man gets a say in how he is governed, not just the experts. Relatedly, Braley’s stress on “your background, your experience, your voice” just emphasizes how he sees the voice and interests of trial lawyers as one that will be very different from that of farmers. …

he manages to sneak in the fact that he’s been a longstanding opponent of tort reform, and doesn’t even bother to come up with some focus-group-tested euphemism for reform. He’s bluntly telling the trial lawyers in the audience that he’s for their interests – not like those Iowa farmers.

A Grassley spokeswoman said that if it was somehow improper for a non-lawyer to lead a committee on legal matters, “a trial lawyer shouldn’t be involved in policy making about agriculture, or energy, or health care.” Per the Washington Post, “Over the course of his legislative career, Braley has raised $3.5 million from lawyers and law firms.”

And Twitter was kind of brutal:

More: James Taranto, WSJ (“So God made a lawyer”). And here’s a flashback clip where Braley badgers well-known health policy expert Sally Pipes over whether she has an advanced degree.

Environmental roundup

  • Oklahoma attorney general goes to court claiming private litigant manipulation of endangered/threatened species petition process [Lowell Rothschild & Kevin Ewing; NPR “State Impact”; Oklahoman, auto-plays ad video; press release, Oklahoma AG E. Scott Pruitt; ESA Watch site from oil riggers; more on the topic]
  • New Yorker mag backs tale of frogs/atrazine researcher who claims conspiracy. Someone’s gonna wind up embarrassed [Jon Entine]
  • Does gas company lease of subsurface rights entitle it to seek injunction excluding protesters from ground level? [Paul Alan Levy]
  • California: “Abusive Coastal Agency Demands Even More Power” [Steven Greenhut]
  • Mr. Harris, you embarrass: “recreational burning of wood is unethical and should be illegal” [Sam Harris from 2012]
  • Harrisburg Patriot-News series on flood insurance [TortsProf, R Street Institute on recent bill]
  • Kansas, Louisiana, and Indiana named top states on property rights freedoms [Mercatus]

Speak not of walkability

“From a realtor: ‘Regarding the Metro, I never putting “walk to..” on my listings because when I took my GRI classes they warned us that “walk to” might trigger a complaint of discrimination against people with disabilities.’ Sigh…” — David Bernstein, law professor and author of “You Can’t Say That! The Threat To Civil Liberties from Antidiscrimination Laws