November 18 roundup

  • Judge Kozinski ate a sandwich paid for by the ACLU and the National Law Journal and American Bar Association are totally on it;
  • Update: “Ohio court says city can’t use ‘quick-take’ to seize property” [Watchdog, earlier on town of Perrysburg’s effort to seize property in adjoining Middleton Township]
  • Regarding the wildly one-sided attacks on arbitration of late, I’ve noticed that the people who call contractually agreed-to arbitration “forced” are usually the same people who don’t call taxation “forced”;
  • “‘Underground Regulations’ Violate the Constitution as Much as Headline-Grabbing Executive Actions” [Ilya Shapiro, earlier on subregulatory guidance]
  • Reminder: if you’re interested in Maryland policy you should be keeping abreast of my blog Free State Notes;
  • Business litigants battle it out, sugar v. corn syrup [L.A. Times]
  • Obama just backed ENDA-on-steroids Equality Act [Washington Post, earlier, Scott Shackford/Reason (bill would cover not only employment but “housing, lending, jury duty, and public accommodations” while “massively expand[ing] what the federal government counts as a public accommodation,” thus turning into federal cases what are currently local disputes like the Arlene’s Flowers case)]

One Comment

  • “All” regulations violate the US Constitution… not just ‘Underground Regulations’.

    So why be concerned about another minor symptom of outright tyranny ?

    Laws and Regulations are identical from the citizens’ perspective — they are both rules mandated by the government. Regulations are rules created by unelected bureaucrats which have all the force of law. Regulations outnumber formal laws by at least 30 to 1.

    The American legal profession fully Endorses & Enforces the absurd charade that government “Regulations” are fundamentally different from government “Laws”.

    Even libertarian lawyers go along with this tyrannical legal charade, perhaps with a very muted tsk-tsk here and there well outside the courts.