“Alcohol breath tests, a linchpin of the criminal justice system, are often unreliable, a Times investigation found…. Judges in Massachusetts and New Jersey have thrown out more than 30,000 breath tests in the past 12 months alone, largely because of human errors and lax governmental oversight…. A county judge in Pennsylvania called it ‘extremely questionable’ whether any of his state’s breath tests could withstand serious scrutiny.” A wide-ranging and disturbing look at what happens when a familiar and seemingly uncontroversial technology gets put to practical forensic field use. [Stacy Cowley and Jessica Silver-Greenberg, New York Times]
Archive for November, 2019
An old story: social critics decry new technologies
In something of a convergence, anti-tech themes have become common both among the cultural critics of the social justice Left and the populist moralists of the Right. [Corbin Barthold, Truth on the Market]
As for the stuff the industry does make, [Republican Missouri Senator Josh] Hawley wants it changed. He has introduced a bill to ban infinite scrolling, music and video autoplay, and the use of “badges and other awards” (gamification) on social media. The bill also requires defaults that limit a user’s time on a platform to 30 minutes a day. A user could opt out of this restriction, but only for a month at a stretch.
The available evidence does not bear out the notion that highbrow magazines, let alone Josh Hawley, should redesign tech products and police how people use their time. You’d probably have to pay someone around $500 to stay off Facebook for a year. Getting her to forego using Amazon would cost even more. And Google is worth more still—perhaps thousands of dollars per user per year. These figures are of course quite rough, but that just proves the point: the consumer surplus created by the internet is inestimable.
It’s priggish, but enduringly popular, to see one’s fellow humans as being merely entrapped by the temptation to use new technology in frivolous or destructive ways, incapable of turning them to solid benefit. “When a lantern inventor obtained a patent to light London, observed Macaulay, ‘the cause of darkness was not left undefended.'”
Schools roundup
- “Sen. Kamala Harris introduces bill to lengthen school day by three hours” [Yelena Dzhanova, CNBC]
- “The Hidden Costs of Chicago’s Teacher Strike” [John McGinnis, Liberty and Law]
- “The logic behind school busing is back. And so is flight from government-operated schools.” [Matt Welch, Reason, mentioning new report on controlled choice by David Armor for the Cato Institute Center for Educational Freedom]
- Ambition of suppressing or even banning private schooling [earlier] by no means confined to the UK’s loony-Left Labour Party, so be ready for it [Ira Stoll, Education Next]
- “The Seattle school district is planning to infuse all K-12 math classes with ethnic-studies questions that encourage students to explore how math has been ‘appropriated’ by Western culture and used in systems of power and oppression” [Catherine Gewertz, Education Week; “framework” via Amir Sariaslan on Twitter]
- “Threatening Teachers’ Ability to Control Their Classrooms: The U.S. Commission on Civil Rights gets it wrong on school discipline.” [Gail Heriot] Survey finds significant rise in number of teachers attacked by students [Hans Bader; earlier here, etc.] More: Max Eden, Quillette.
Discontinue prosecution of shoplifting, get more of it
On the West Coast, changing public policies including lighter legal consequences for theft and lower priority of police response have led to a rise in shoplifting and other crime in stores, sometimes blatant. Compounding the problem: stores fear large liability payouts should they chase or touch a suspected miscreant [Christopher F. Rufo, City Journal; Scott P. Lindsay study for Downtown Seattle Association]
NYPD employees charged with selling confidential 911 caller info to claims-fraud ring
“Prosecutors estimate that as many as 60,000 car accident victims may have had their confidential information improperly disclosed” in a scheme in which New York Police Department employees accepted money to pass information about 911 callers to an outfit that would then urge them to visit prearranged medical clinics and lawyers. “He told his fraudulent call center not to target victims in Manhattan, court documents said, because ‘those people got attorneys.’… ‘We want all the bad neighborhoods.’” With bonus HIPAA content: the ringleader of the scheme, besides paying off police personnel, allegedly “bribed employees at hospitals and medical centers to violate the Health Insurance Portability and Accountability Act, known as HIPAA, and disclose confidential patient information for car accident victims, the documents say.” [Ali Watkins, New York Times]
Supreme Court roundup
A Cato-centric selection:
- Massachusetts bans the most popular variety of self-defense firearms and that violates the Second Amendment, as SCOTUS should make clear [Ilya Shapiro and James T. Knight II on Cato Institute amicus brief in Worman v. Healey] Congress has never passed a law criminalizing the accessories known as bump stocks and the Executive branch can’t change that on its own [Trevor Burrus and James Knight, Guedes v. BATF]
- Three more Cato certiorari amicus briefs: With return of Little Sisters case, Court should make clear that scope of accommodation under Religious Freedom Restoration Act is not for executive agencies to expand and contract accordion-like [Ilya Shapiro and Sam Spiegelman] Berkeley, Calif.’s ordinance requiring disclosure of the purported risks of cell phone radio frequency (RF) exposure poses First Amendment questions of forced commercial speech [Ilya Shapiro and Michael Collins on return to SCOTUS of CTIA v. Berkeley] Supreme Court has rejected attempt to use Alien Tort Statute to assert universal jurisdiction over human-rights abuses in overseas business, but Ninth Circuit still hasn’t gotten the message [Ilya Shapiro and Dennis Garcia, Nestle v. Doe]
- Summing up the last Court term: speech by Miguel Estrada and a short video with Ilya Shapiro for the Federalist Society;
- “Fearful that the Supreme Court will reject a broad interpretation of the CWA’s [Clean Water Act’s] scope, environmentalist groups have been seeking to settle the Maui case before the Court rules.” [Jonathan Adler on Maui v. Hawaii Wildlife Fund]
- Another case of surprise plain meaning? Advocates argue that Congress didn’t really end Indian reservation status for much of the state of Oklahoma even if everyone at the time thought it did [Will Baude on Sharp v. Murphy; earlier on surprise plain meaning]
- “An Introduction to Constitutional Law: 100 Supreme Court Cases Everyone Should Know” [new book by Randy Barnett and Josh Blackman; described here, and discussed in this Cato video]
Some election results
* As expected, Democrats took over both houses in the Virginia legislature, sweeping the D.C. and Richmond suburbs where they successfully nationalized the issues. Virginia has been a badly gerrymandered state, which figured as an issue in the campaign. Now that they are fully in charge of the process, Virginia Democrats will need to decide whether they actually believe in moving toward neutral and impartial redistricting methods that take the power of line-drawing out of the hands of interested parties.
* New York City voters overwhelmingly approved a proposal to adopt ranked choice voting (RCV) in primary and some other elections. While I know this isn’t a universally shared view, I see a lot of merit in ranked choice voting and look forward to seeing more large jurisdictions experiment with it.
* Jim Hood, whose doings as Mississippi Attorney General have long furnished grist for this blog, looks to have fallen short in his bid for Mississippi governor.
* The “crime victims’ rights” package known as Marsy’s Law was on the Pennsylvania ballot. My piece on why it’s a really, really bad idea.
ABA review of judicial nominations again comes under fire
Josh Blackman, at The Atlantic and Volokh Conspiracy, has the tale of how in the nomination of conservative Ninth Circuit nominee Lawrence Van Dyke, the American Bar Association (ABA) appears to have played fast and loose with the interview process, breaking its own rules along the way. Given “that the ABA cannot be trusted to accurately recount the conversations” resulting from its inquiries, Blackman proposes that in future “these interrogations should be treated as hostile depositions. A court reporter and videographer should be present, as well as private retained counsel to push back on unfounded accusations.”
November 6 roundup
- In the greater Oklahoma City area next Tuesday, Nov. 12? Come out to my lunchtime law school talk at the U. of O. on employment law, sponsored by the school’s Federalist Society chapter [details]
- A Sixth Circuit opinion thus begins: “This court once observed, ‘[w]hen a party comes to us with nine grounds for reversing the district court, that usually means there are none.’ Steven Hank comes to us with twenty-seven.” [Hank v. Great Lakes Constr. Co., Court Listener]
- Elizabeth Warren tale of “two cents” wealth tax Hallowe’en costume doesn’t quite add up [my Cato post; another point]
- Speaking of Warren, when asked what would happen to displaced health insurance workers once private insurance is done away with — not, to be sure, the strongest objection to her plan, but still one worth having an answer for — saying they can go work for auto or life insurers makes about as much sense as saying displaced workers from dance studios can go work for recording or graphic design studios [The Hill]
- No good deed: Brad Pitt, others on charitable foundation can be sued over alleged flaws in New Orleans homes [AP/WDSU]
- “Coincidentally or not, current and former members of the Baltimore Orioles, which the Angelos family owns, were dispatched to the [Maryland] State House for a good will visit while the [Angelos asbestos] bill was under consideration.” [Josh Kurtz, Maryland Matters]
No strings: feds won’t use funding leverage against religious social service agencies
A new HHS plan to rescind LGBT bias rules would back the feds away from one of the most hotly contested frontiers of the culture wars, the role of religious agencies in foster care and adoption. I explain in a new Cato post.