Peter Schuck, professor emeritus at Yale Law School, came to Cato in March to discuss his new book Why Government Fails So Often: And How It Can Do Better. Caleb Brown of Cato interviewed him for this Cato podcast.
Archive for 2014
Paternalism roundup
- “Go to Heaven, Bloomberg: The meddling ex-mayor thinks he is on a mission from God.” [Sullum] “De Blasio to resurrect attempt at NYC big soda ban” [Eric Boehm, Watchdog.org]
- The CDC connection: much of Bloomberg’s crew of public health officials has moved into the Obama administration, and has big plans [Jeff Stier]
- “The public health approach rejects the idea that there is such a thing as unfettered free will” — here’s Bloomberg paternalism boiled down nicely for you [Larry Gostin, Hastings Center Report via Scott Burris, Bill of Health (regretting “mass delusion of autonomy”)]
- Centers for Disease Control (CDC): if skeptical media call, tell ’em you’re not around [Zenon Evans]
- For her own good: “89-Year-Old Kicked Out of HUD Housing for Smoking Cigarettes” [Elizabeth N. Brown]
- “Longer Pub Hours, Fewer Car Accidents in England and Wales” [James Schneider, Econlib]
- Sally Satel on the benefits of e-cigarettes [AEI Ideas video] “The FDA Says E-Cigarettes Are Less Harmful Than Smoking” [Jason Koebler, Vice Motherboard]
California: trial lawyers qualify initiative to overturn MICRA
MICRA, approved by California voters in 1974, limits noneconomic damage payouts in medical malpractice cases and has been the main reason medical liability insurance rates in the state are only in the middle of the pack nationally despite the state’s long-earned reputation as one of the most litigious in general. Focus-group research led trial lawyer advocates to tack on a provision prescribing drug testing for doctors to improve the measure’s chances [James Hay, San Diego Union-Tribune; Legal NewsLine and more; ABA Journal] Some predict that the impending lawyers-vs.-doctors battle, with various allies brought in on both sides, will be the most expensively fought ballot measure in history. Earlier coverage of MICRA here.
Humane Society, other groups to pay > $15 million over Ringling litigation
A year and a half ago, as I noted at the time, the American Society for the Prevention of Cruelty to Animals (ASPCA) “agreed to pay $9.3 million to settle racketeering and other charges arising from alleged litigation abuse in lawsuits beginning in 2000 over elephant welfare,” while “other defendants in the countersuit, including the Humane Society of the U.S., have declined to settle [with Feld Entertainment/Ringling Bros.] and remain in the litigation.” Now the Humane Society and other groups have agreed to pay more than $15 million, suggesting the ASCPA settlement was not a freak occurrence. [AP/Houston Chronicle, Charles Schelle/Bradenton Herald]
My piece on the ASPCA settlement is here and Overlawyered coverage of the long-running litigation here.
Maryland roundup
- Civil libertarians won victories last term in restraining open-ended use of police surveillance, search and seizure: access to emails and social media postings older than six months will now require warrant, as will location tracking; new restrictions also placed on use of automatic license plate reading system data [ACLU 2014 policy report]
- Bill that would have banned weapons on private school grounds, whether or not the school itself had objection, failed to make it out of committee [SB 353, earlier here, here]
- Judge overturns state union’s takeover of Wicomico County teacher’s association [Mike Antonucci, more]
- Vague definitions of “trafficking” + asset forfeiture: what could go wrong with Del. Kathleen Dumais’s plan? [Reason, WYPR “Maryland Morning”, more (legislative agenda of “trafficking task force”)]
- In his spare time, Maryland Commissioner of Labor and Industry Ronald DeJuliis apparently likes to engage in urban beautification of the sign removal variety [Baltimore Sun, Quinton Report, Daily Record (governor’s office considers criminal charges against appointee “personal” and relating to “after hours”)]
- Behind the controversy over Rockville firearms dealer’s plan to offer “smart gun” [David Kopel]
- Baltimore tightens curfew laws, ’cause criminalizing kids’ being outside is for their own good [Jesse Walker, followup]
- In Montgomery County, police-union demands for “effects bargaining” were a bridge too far even for many deep-dyed liberals, but union hasn’t given up yet [Seventh State]
Tom Goldstein response to roof-jumper’s demand letter
“Tom Goldstein’s letter for rich client who threw porn star off roof for video” [@RandyEBarnett] is an “instant classic” [@adamliptak]. Goldstein is a prominent member of the Supreme Court bar and co-founder of SCOTUSBlog. [Josh Blackman] Concluding passage of letter:
If she sues, the complaint will be sanctionably frivolous. Your client should just box up almost every last bit of her property (please exclude all videos and photographs, as well as the seemingly inevitable small yappy dog) and drop it off with you in safe-keeping for Mr. Bilzerian. After he receives the judgment in his favor, he will have it all delivered to him. Then he will probably blow it up with a mortar in the desert.
I enjoyed our brief correspondence.
“[FERC has] specialized in retroactive punishments for conduct that was legal at the time….”
“…Most companies roll over.” [Tim Lynch, Cato; WSJ; related on Federal Energy Regulatory Commission enforcement]
On this coming Monday, May 19, the Cato Institute is hosting a lunch on the subject of “Mugged by the State: When Regulators and Prosecutors Bully Citizens,” featuring Kevin Gates, Vice President, Powhatan Energy Fund; William Hurwitz, M.D., Pain Treatment Specialist; Lawrence Lewis, Engineer and Building Manager; and William Yeatman, Senior Fellow, Competitive Enterprise Institute; moderated by Tim Lynch, Director, Project on Criminal Justice, Cato Institute. You can watch live online at http://www.cato.org/live.
More: Cato podcast, brothers’ website, Philly.com (with an additional story of a man resisting the Delaware insurance commission after it took over his nightclub insurer). And: WSJ via John Cochrane on another FERC case.
Firecracker or steering defect?
Hyundai expects to appeal a $240 million punitive award in Montana [ABA Journal on award and causation dispute]
“Join us in a civil litigation against a well-known Bank…”
The things you find on Craigslist (via Gregory Angelo):
Join us in a civil litigation against a well-known Bank on behalf of o (Midtown)
Join us in a civil litigation against a well-known Bank on behalf of over a dozen Clients!
Bringing suit against a well-known bank who constantly fails to provide fair and timely services to their customers not only brings excitement and glory to your litigation career, but also benefits both parties.
Extraordinarily experienced litigators familiar with banking laws and settlement negotiations are greatly welcomed to join us to fight for dozens of clients on contingency basis.
If interested, please send your resume and cover letter to : [redacted]
Principals only. Recruiters, please don’t contact this job poster.
do NOT contact us with unsolicited services or offers
On the other hand, this one (“a lawyer is needed to take a case to the united states supreme court. … appeal was declined on 3/27/14”) is kind of sad. It seems unlikely that many Supreme Court advocates sift through Craigslist to find cases, but I guess it only takes one.
“Weapons Policy Bans Fencing Group From Practicing On Campus”
“The fencing club at North Dakota State University cannot hold practices on campus as a result of the school’s weapons policy, Campus Reform reported.” [University Herald; Valley News Live (Fargo/Grand Forks)]
Also, note the ambiguity of the next line, “Members of the newly formed club said that despite having no pointed tips or sharp blades, the school classifies the club’s equipment as weapons.” It sounds as if the school administration itself is being described as “having no pointed tips or sharp blades,” which might be a version of “not the sharpest knife in the drawer.”
More: Scott Greenfield, who has a family connection with the sport of fencing.