January 29 roundup

  • Authorities arrested man who stood in front of courthouse passing out leaflets encouraging jury nullification. Michigan Supreme Court should uphold his First Amendment rights [Clark Neily and Jay Schweikert on Cato Institute brief in Michigan v. Wood, earlier here, here, and here]
  • Also on the topic of jury nullification, is that an appropriate metaphor for things happening with the Senate and impeachment? [Jim Galloway, Atlanta Journal-Constitution, quotes me]
  • In 2018 an Eleventh Circuit panel green-lighted a suit claiming that it was unconstitutional for Alabama to enact a law pre-empting Birmingham’s local enactment of a higher minimum wage, on the claim that the white-led state lawmaking majority had acted with the purpose and effect of injuring African-Americans, who (it was argued) were more likely to be beneficiaries of the wage mandate. Now the full circuit en banc (over a dissent) has dismissed the case on standing grounds without deciding whether disparate racial impact can taint otherwise neutral laws [Lewis v. Governor of Alabama]
  • New California law CCPA, promoted as giving consumers the right to see and delete their data, results in users being required to yield up more data and creates new security risks [Kashmir Hill, New York Times via Gus Hurwitz (“anyone who didn’t see this coming shouldn’t be in the business of writing laws”)]
  • Wasatch Brewery’s Polygamy Porter (“take some home to the wives”) is deemed okay by regulators in its own state of Utah, but is too naughty for their counterparts in North Carolina [Hayley Fowler, Charlotte Observer]
  • Symposium on “The Politicization of Antitrust” with Luigi Zingales, Alec Stapp, and others [Truth on the Market] And “The Future of Antitrust: New Challenges to the Consumer Welfare Paradigm and Legislative Proposals” with Makam Delrahim, Maureen Ohlhausen and others [Federalist Society National Lawyers Convention]

3 Comments

  • With respect to the Michigan case, it seems to me to be a very easy case–citizens can advise other citizens of their powers.

    • As I appreciate the Michigan Court of Appeals decision in the Wood case, if someone writes a letter to the editor about a matter in litigation, that would be a violation of the criminal jury tampering statute.

      • Somehow I get the impression that “appreciate” was a poor word choice.

Join the Discussion

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

This site uses Akismet to reduce spam. Learn how your comment data is processed.