Archive for April, 2017

No-platforming Heather Mac Donald, and the emerging no-go campus

Last week a chanting mob at Claremont McKenna College in California successfully prevented a scheduled speech by prominent conservative author Heather Mac Donald, long a colleague of mine in my days at the Manhattan Institute. I’ve got a new piece at Minding the Campus discussing some of the impediments American universities face in effectively protecting visiting speakers, including one big problem with the threat, which is that much of it is coming from inside the building.

More: Heather Mac Donald’s own account; Andrew Sullivan last month; Steve Bainbridge; John McGinnis.

New: “How to stop politicians from gerrymandering”

I’ve got a new piece at the Institute for Humane Studies’ Learn Liberty explaining the basics of how politicians rig district lines to reward friends and punish foes, the entrenchment of an established political class that results, and how it might be combated. Snippet:

In a classic single-party gerrymander, the party in power packs opposition voters densely into as few districts as possible, thus enabling its own voters to lead by a comfortable margin in a maximum of districts. When a legislature is under split party control, the theme is often bipartisan connivance: you protect your incumbents and we’ll protect ours. Third-party and independent voters, as is so common in our system, have no one looking out for their interests….

Geographic information systems (GIS) methods now allow members of the public using inexpensive software to analyze the full data set behind a map. In several states, that has meant members of the public could offer maps of their own or make well-informed critiques of legislators’ proposed maps. In one triumph for citizen data use, the Pennsylvania Supreme Court invalidated a map drawn by lawmakers as clearly inferior to a map that had been submitted independently by an Allentown piano teacher.

Separately, I generally agree with what Aaron Blake writes in a new Washington Post piece: with so many other solid reasons to end gerrymandering, there’s no need to over-sell two arguments frequently invoked against it, the polarization thesis and the “GOP-fixed House” thesis.

On the much-noted trend in national politics toward ideological polarization, it seems clear that gerrymandering is but one contributing factor among many. The U.S. Senate, for which districting is not an issue, has followed a path not too far from that of the House, with virtually all Senate Democrats now to the left of virtually all Senate Republicans and stepped-up party-line cohesion on voting. And states with relatively fair districting maps have experienced polarization with the rest. So, yes, reform will probably make a difference at the margins for those who would like there to be more swing or contestable seats, but don’t expect miracles.

And while gerrymandering today on net benefits Republicans (which has not always been the case), it is probable for reasons Blake explains that fair/neutral districting would still have produced a GOP-run House in 2016. An important reason is that Democratic voters are so concentrated in cities.

For some of the many other reasons the cause is worth pursuing no matter which party (if any) you identify with, check out my IHS piece or, for somewhat more detail, my chapter on the subject in the new Eighth Edition of the Cato Handbook for Policymakers. I’ve previously written several pieces about my experience dealing with the problem in my own state of Maryland. [cross-posted from Cato at Liberty]

USA Today investigates ADA drive-by lawsuits

“[Florida resident Patricia] Kennedy is among a group of people with disabilities who in the last five years has filed more than 6,000 federal lawsuits against business owners whose premises violate the Americans with Disabilities Act of 1990. More than half of the lawsuits were filed by just 12 plaintiffs, including Kennedy.” Florida has been a hot spot for ADA filing mills for at least as long as I’ve been publishing this website, with independently owned businesses a typical target. [Melanie Payne, Fort Myers News-Press/USA Today]

Austin, Tex. proposal: $600 million housing fund earmarked for minorities

They might want to check ahead of time on whether this is constitutional: “A task force set up [by Mayor Steve Adler] to evaluate institutional racism in Austin is recommending the city create a fund with a goal of raising $600 million to buy and preserve affordable housing for minorities — giving preference to those previously displaced from gentrified areas.” [Elizabeth Findell, Austin American-Statesman]

DC may require child care workers to have college degrees

Among other effects, it will make care more expensive, and will saddle some child carers with unwanted and burdensome student debt. How did humanity ever raise children before there were college degrees? [Washington Post] More: Ryan Bourne, Cato (measure proceeds from debatable premise “that child care should be seen as formal pre-school education rather than whatever parents decide is best for their children”), and follow-up (“policy: restrict supply, then subsidize it”).

Cash discount OK; credit surcharge not OK

New York Business Law § 518 “prohibits merchants from imposing a ‘surcharge’ on customers who use credit cards, but allows for a ‘cash discount.’ To put it simply: the law allows stores to advertise ‘discounts’ for paying cash, but makes it a crime to advertise an economically equivalent ‘surcharge’ for paying with plastic.” The Supreme Court ruled late last month that by penalizing a merchant for its description of a transaction rather than for a transaction itself, the law triggered First Amendment scrutiny. So that’s a victory, if in the circumstances a narrowly limited one, for the modern trend toward serious First Amendment scrutiny of restrictions on commercial speech [Ilya Shapiro and Frank Garrison on Expressions Hair Design v. Schneiderman]

Treasury: most structuring money grabs are of otherwise lawful funds

The Treasury Inspector General for Tax Administration has released a new report on federal seizures of funds for the offense of unlawful bank “structuring” — the purposeful keeping of deposits or withdrawals below $10,000, a threshold that triggers reporting by the bank. The report confirms that in the great majority of cases, the funds being deposited or spent were not themselves associated with unlawful activity such as narcotics, tax evasion, or fraud. “The IG took a random sample of 278 IRS forfeiture actions in cases where structuring was the primary basis for seizure. The report found that in 91 percent of those cases, the individuals and business had obtained their money legally.” The seizure of legal source funds appears to have dropped sharply since the announcement of new policies by the IRS in 2014 and the U.S. Department of Justice in 2015. [Christopher Ingraham, Washington Post] Earlier on structuring here.

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