Archive for 2014

Border agents vs. musical instruments

What do our border control authorities have against musical instruments? First it was pianist Kristian Zimerman’s Steinway, destroyed by TSA agents because they thought the glue in it smelled suspicious. Then it was the prized cello bow that Alban Gerhardt says was snapped in two by TSA agents (bows are surprisingly costly things, and can run the price of a Mercedes). Now, according to a report in the Boston Globe, customs agents mistook a rare collection of handmade flutes for pieces of bamboo and destroyed them as illicit agricultural goods. I’ve got a discussion at Cato at Liberty.

Cato trade analyst Dan Ikenson draws my attention to this passage of Frederic Bastiat’s:

Between Paris and Brussels obstacles of many kinds exist. First of all, there is distance, which entails loss of time, and we must either submit to this ourselves, or pay another to submit to it. Then come rivers, marshes, accidents, bad roads, which are so many difficulties to be surmounted. We succeed in building bridges, in forming roads, and making them smoother by pavements, iron rails, etc. But all this is costly, and the commodity must be made to bear the cost. Then there are robbers who infest the roads, and a body of police must be kept up, etc.

Now, among these obstacles there is one which we have ourselves set up, and at no little cost, too, between Brussels and Paris. There are men who lie in ambuscade along the frontier, armed to the teeth, and whose business it is to throw difficulties in the way of transporting merchandise from the one country to the other. They are called Customhouse officers, and they act in precisely the same way as ruts and bad roads.

Further update from Foreign Policy (h/t reader JohnC): “In an e-mail exchange with NPR Music, a Customs official says no musical instruments were involved in the CPB’s actions — a claim not offered to FP. The story indicates that fresh bamboo was found in the luggage separate from Razgui’s 11 flutes. However, when American Airlines eventually delivered Razgui’s luggage, it did not contain the flutes. If both claims are true, it remains a mystery as to what actually happened to the flutes and why they didn’t show up in his luggage.” (& Greenfield, Above the Law) More: Zenon Evans, Reason.

January 3 roundup

  • Taxpayers on hook: “N.J. boy left blind and brain-damaged after being beaten by father awarded $166M by jury” [Newark Star-Ledger]
  • “Psychic Love Spell Center stole my money, lawyer alleges in lawsuit” [Houston; ABA Journal]
  • “You can’t win these suits… Move on with your life.” Good advice for someone falsely accused of rape? [Roxanne Jones, CNN]
  • Critical look at California judge’s lead paint ruling [Daniel Fisher/Forbes, earlier here, here]
  • $6 check and apology over “F-word”: “Pub owner’s sarcastic response to Starbucks cease-and-desist letter goes viral” [ABA Journal]
  • Suburb doesn’t want to accept public transit, but feds force its hand by use of controversial disparate impact theory [Dayton Daily News]
  • Randy Barnett: libertarianism as a vehicle for moderation, toleration and social peace [Chapman Law Review/SSRN; one of my favorite academic papers from last year]

Utah women: we never authorized lawyer to file suit in our name

“A lesbian couple who married last week want a federal judge to throw out a lawsuit against the state and the LDS Church that listed their names without their knowledge or permission. … ‘Mr. Smay never had authorization, consent or permission from me or my wife to file a lawsuit on our behalf,’ Fowler wrote in a court declaration.” The couple had married following an unrelated ruling by a federal judge on a challenge to Utah marriage law, and had been the subject of Dec. 25 coverage in the Salt Lake Tribune newspaper, which one of the pair believes might have called them to the lawyer’s attention. [church-affiliated Deseret News, KSL, Religion Clause] For another instance in which someone complained of being named as a plaintiff in a lawsuit without their consent, see this 2007 item.

Update: court tosses suit; lawyer insists he doesn’t need couple’s permission to file suit, but other lawyers tell the Salt Lake Tribune he’s wrong.

Department of Labor vs. family farms, cont’d

Farms are not supposed to face OSHA regulation unless they have 10 employees, but the agency has tried to get around that rule by declaring that grain storage and handling facilities on farms aren’t really part of the farm. Now 43 Senators have signed a letter warning the agency to back off. [Future of Capitalism; another family farm labor controversy from last year]

British libel law reined in a bit

The country’s notoriously plaintiff-friendly law of defamation will be a tad less so under legislated reforms now taking effect. Under the Defamation Act 2013, complainants will need to show “serious harm,” peer-reviewed scientific publications and material published in the public interest will gain a new defense, a single-publication rule will be introduced, and new rules intended to combat libel tourism will exclude cases with little connection to England or Wales. [BBC]