Archive for March, 2018

Uneeda Biscuit vs. Iwanta Biscuit

— From a series of illustrations and photographs used as evidence in litigation, part of an exhibition (“Law’s Picture Books”) at NYC’s Grolier Club of more than 140 items from the Yale Law Library’s collection of images and writings on legal themes. The case of the rival cookie boxes resulted in a court’s finding in 1899 that the National Biscuit Co., maker of Uneeda, was entitled to an injunction.

Liability roundup

Emily Yoffe at Cato

If you missed the December Cato event with acclaimed writer Emily Yoffe on the problems with campus sex-misconduct tribunals, you can watch here as well as checking out KC Johnson’s live-tweeted summary. Yoffe was joined by commenter Ruth Marcus of the Washington Post and moderator John Samples of Cato, who kindly stepped into my place when I was unable to attend. Earlier here and here.

When can states impose their own conditions on presidential candidates’ ballot access?

My letter to the editor at the Frederick News-Post:

I have myself been critical of President Donald Trump’s refusal to divulge his tax returns, but the bill advanced in the Maryland Senate purporting to make that a requirement for the next presidential ballot in Maryland is partisanship at its most inane. [Sponsors] are here attempting to (1) impose a new qualification on presidential candidates not found in either the U.S. constitution or federal law; (2) do so by means of denying ballot access in their own state, which means by restricting the choices of their own electorate; and (3) do so with the open aim of opposing a single particular candidate.

We may pause for a moment to imagine how this sort of stunt could be pulled by other partisans against other candidates, should it catch on.

No wonder California Gov. Jerry Brown (D) vetoed a similar bill because of the obvious constitutional concerns.

Related: in U.S. Term Limits v. Thornton (1994), a Supreme Court divided 5-4 held that Arkansas could not add to the qualifications for election to Congress enumerated in the Constitution by disqualifying candidates who had already served a set number of terms in office; it also specifically rejected the view that a restriction on ballot access does not act as a bar to office because it leaves open the possibility of running as a write-in.

Note also that the Arizona legislature in 2011, under the influence of “birther” sentiment, passed a measure requiring presidential candidates to provide proof of citizenship in order to get on the state’s ballot. Although natural born citizenship unlike the release of tax returns is of course a genuine constitutional prerequisite for serving as president, the interference with the appropriate distribution of federal-state power, as well as the intent to target one particular candidate, namely birther target and incumbent President Obama, was evident enough that conservative Arizona Gov. Jan Brewer vetoed the measure.