Archive for January, 2017

Free speech roundup

Thwarted love and insurance coverage

From the First Circuit’s opinion introducing the case of Sanders v. Phoenix Insurance Company, arising out of somewhat lurid facts touching on both insurance coverage and professional responsibility:

SELYA, Circuit Judge. This case begins with a tragic tale of unrequited love and morphs into a series of imaginative questions regarding the coverage available under a standard form homeowner’s insurance policy. But when imagination runs headlong into settled legal precedent, imagination loses. Recognizing as much, the court below dismissed the complaint. After careful consideration, we affirm.

Liability roundup

Manhattan eatery: overregulation did us in

Loyal patrons of well-known Manhattan restaurant China Fun were surprised by “the restaurant’s sudden Jan. 3 closing,” explained by owners’ son Albert Wu in a goodbye letter citing ten categories of regulation-driven cost including health insurance, insurance, and the minimum wage [New York Daily News]. The “endless paperwork and constant regulation that forced the shutdown accumulated over the years”:

“The climate for small businesses like ours in New York have become such that it’s difficult to justify taking risks and running — nevermind starting — a legitimate mom-and-pop business,” read a letter posted by the owners in the restaurant’s front door.

“The state and municipal governments, with their punishing rules and regulations, seems to believe that we should be their cash machine to pay for all that ails us in society.” …

Wu cited one regulation where the restaurant was required to provide an on-site break room for workers despite its limited space. And he blamed the amount of paperwork now required — an increasingly difficult task for a non-chain businesses.

“In a one-restaurant operation like ours, you’re spending more time on paperwork than you are trying to run your business,”

A spokesman for the office of New York City Mayor Bill de Blasio said the city offered small business free help from compliance advisers.

Police and community roundup

  • Fraternal Order of Police asks Amazon to stop allowing sales of Black Lives Matter shirts after Walmart.com yields to similar request [Ben Rosen, Christian Science Monitor] FOP boss Chuck Canterbury, defending civil asset forfeiture: hey we could use the money [Scott Shackford] FOP chief vows to override Pennsylvania governor’s veto of bill that would shield names of involved police officers for 30 days after killings of civilians [CBS Philadelphia]
  • Technology panel from Cato policing conference included law professors Tracey Meares of Yale and Elizabeth Joh of UC Davis, City of San Jose independent police auditor Walter Katz, and Maj. Max Geron of the Dallas PD, moderated by Cato’s Jonathan Blanks [video or podcast] “Police Spy Tools Evolve Faster Than Lawmakers Can Keep Up: Baltimore’s aerial surveillance continues unchecked” [Monte Reel, Bloomberg BusinessWeek]
  • One effect of ban on smoking in New York City public housing: new excuse for cops to bust in [Scott Greenfield]
  • WSJ investigation: Of 3,458 US police officers charged with crimes, 332 (10%) kept their badges” [@johngramlich]
  • “San Francisco has become a predatory government,” says its elected treasurer [José Cisneros, San Francisco Chronicle]
  • Don’t let quest to increase police accountability worsen problem of intrusive surveillance [Matthew Feeney on Jake Laperruque presentation at Cato’s recent surveillance conference]

To head SEC, Trump picks a FCPA critic

Jay Clayton of Sullivan & Cromwell, president-elect Donald Trump’s choice to head the Securities and Exchange Commission, has not taken a high-profile role in policy debates but according to MarketWatch was involved in preparing a 2011 report for the New York City Bar critical of enforcement of the Foreign Corrupt Practices Act (FCPA). That’s a point in his favor, I argue at Cato, since the case against zealous FCPA enforcement is well established. Related earlier, and Texas Public Policy Foundation 2014. More: Andrew Ramonas, BNA Bloomberg.

Schools and childhood roundup

  • “California’s Absurd and Insidious ‘Bill of Rights for Children’ Invites Pernicious Meddling” [Jacob Sullum]
  • “1 in 4 U.S. teachers are chronically absent, missing more than 10 days of school,” and rate in some districts reaches 80+%; AFT chief Randi Weingarten cites “root causes” [Alejandra Matos, Washington Post]
  • Steve Horwitz reviews Abby Schachter’s book No Child Left Alone: Getting the Government Out of Parenting [Law and Liberty, earlier] “Napping Child Left in Car While Parents Run Quick Errand, Everyone Loses Their Minds” [Lenore Skenazy; Valley Stream, Long Island]
  • Ex-teacher who passed out after showing up drunk to elementary school field trip gets $18,000 settlement to resign, then further $75,000 on argument town should not have released her blood alcohol results [Fox News; Janesville, Wisc.]
  • Employment complaint filed on behalf of assistant principal against Chappaqua, N.Y. school district makes unfortunate first impression by misspelling name of Horace Greeley High School [Taylor complaint via @TheSuburbanist; Examiner News, Chappaqua Voice]
  • “Youth hockey game leads to adult spectator fight — is the league liable?” [Eugene Volokh]