Search Results for ‘"lacey act"’

Gibson Guitar “Government Series”

I somehow missed last year that Nashville’s Gibson Guitar, target of a notoriously militarized regulatory raid by the U.S. government (“When I got there, there were people in SWAT attire that evacuated our entire factory“) has not let the matter be forgotten among its customers. It has launched a product line called the Government Series II Les Paul, which “uses the wood that the Feds ultimately returned to Gibson after the resolution and the investigation was concluded.” (The raid was in service of the surprisingly cronyish and protectionist Lacey Act, which restricts import of various foreign woods.)

From the company’s announcement:

Government Series II Les Paul Great Gibson electric guitars have long been a means of fighting the establishment, so when the powers that be confiscated stocks of tonewoods from the Gibson factory in Nashville—only to return them once there was a resolution and the investigation ended—it was an event worth celebrating. Introducing the Government Series II Les Paul, a striking new guitar from Gibson USA for 2014 that suitably marks this infamous time in Gibson’s history.

Good going, Gibson.

Environmental roundup

  • “Fine for killing birds” is susceptible of two meanings, you know [Coyote on energy production]
  • Lacey Act criminal provisions, of Gibson Guitar raid fame, owe much to influence of domestic forest products companies, and that’s just one of the links between crony capitalism and overcriminalization [Paul Larkin, Heritage]
  • Why California shut down its local redevelopment agencies, all 400+ of them [Shirley Svorny, Regulation]
  • “EPA’s ‘Waters of the U.S.’ Proposal: Coming Soon to a Back Yard Near You?” [Scott McFadin, WLF]
  • Taxpayers shell out handsomely to be sued under Endangered Species Act [Higgins]
  • “How Land Prices Obviate the Need for Euclidean Zoning” [Emily Washington]
  • Casting a skeptical eye on Vandana Shiva’s anti-GMO crusade [The New Yorker]

Environmental roundup

Gibson Guitar agrees to $300,000 fine

The fine is well below the cost of mounting a legal defense in a case that had become a symbol of trigger-happy regulatory prosecution. [Nick Gillespie/Reason, Ann Althouse, AP] Besides, Ted Frank argues, “Gibson was planning on setting up camp at the RNC to promote the problem of overcriminalization,” so the Obama administration gets something of value too in an election season.

More: “The Lacey Act: Protectionism Through Criminalization” [K. William Watson, Cato at Liberty]

On the Gibson Guitar raid

Gibson CEO Henry Juszkiewicz, WSJ, excerpted at PoliceMisconduct.net:

In America alone, there are over 4,000 federal criminal offenses. Under the Lacey Act, for instance, citizens and business owners also need to know – and predict how the U.S. federal government will interpret – the laws of nearly 200 other countries on the globe as well. Many business owners have inadvertently broken obscure and highly technical foreign laws, landing them in prison for things like importing lobster tails in plastic rather than cardboard packaging (the violation of that Honduran law earned one man an eight-year prison sentence). Cases like this make it clear that the justice system has strayed from its constitutional purpose like stopping the real bad guys from bringing harm.

Harvey Silverglate says that while Juszkiewicz is right as far as he goes, he’s seeing only part of the picture. Earlier on the Gibson raid and Lacey Act here, here, etc.

May 22 roundup

  • Lacey Act madness: might Feds be empowered to disrupt summer concerts by seizing musicians’ Gibsons? [Bedard, DC Examiner; earlier; recent Heritage Foundation work; reworded to reflect comment from “Density Duck,” below]
  • Contributors to new “Privatization Blog” include friend of this blog Coyote, e.g. here and here;
  • “Big Government Causes Hyper-Partisanship in the Judicial Appointment Process” [Ilya Shapiro] Fuels Culture War, too: “The faster the state expands, the more likely it is to violate your values” [Matt Welch]
  • Demagogy on expatriates: Schumer proposal for stiff tax on emigrants may have read better in original German [Ira Stoll, Roger Pilon/Cato, Paul Caron/TaxProf]
  • Georgia high court considers $459 million fax-spam verdict [AJC, AP, my take] “Hot fuel” class actions enrich the usual suspects [PoL]
  • New rebuttal to trial lawyer/HBO movie “Hot Coffee” [Victor Schwartz et al, auto-plays video] Ted Frank crossed swords with Litigation Lobby on the movie in January, particularly on the question of coffee temperature and the Liebeck case [PoL]
  • Overlawyered “will become the first [law] blog teenager this summer” [Bruce Carton, Legal Blog Watch] “I’ve been a fan of Walter Olson’s Overlawyered blog for years.” [Amy Alkon, Advice Goddess] Thanks!

February 22 roundup

  • Florida courts allow probe of finances of MDs who treat many injury plaintiffs [Dolman Law Group; Crable v. State Farm]
  • Booster clubs: “Does Title IX Reach Voluntary Donations?” [Joshua Thompson, PLF, earlier here, here]
  • Freedom to Discriminate in Choice of Roommates: 9th Circuit case of Fair Housing Council v. Roommate.com [Eugene Volokh; related from David Bernstein h/t commenter wfjag]
  • PI firm employee “disliked sending clients to [chiropractors] because insurers were more reluctant to settle those claims” [ABA Journal]
  • “Bill introduced to de-criminalize the Lacey Act” [Paul Enzinna, PoL; earlier on Gibson Guitar and wood imports here, here] More: Reason.tv on the raids [Balko]
  • “Australia: A Cautionary Tale of Litigation Financing?” [WSJ Law Blog]
  • Constitutional law book review: Jay Wexler, “The Odd Clauses” [Greenfield, Lowering the Bar]

Kim Strassel: “Stringing Up Gibson Guitar”

Kim Strassel has a must-read piece at the Wall Street Journal exposing the politics of the Lacey Act’s extension to importation of plant products, by no means fueled just by inflexible environmentalist sentiment: crucially, wood-products industry and union forces recognized that the law could serve as a way to eliminate competition from imports.

Trees are ubiquitous, are transformed into thousands of byproducts, and pass through dozens of countries. Whereas even a small U.S. importer would know not to import a tiger skin, tracking a sliver of wood (now transformed into a toy, or an umbrella) through this maze of countries and manufacturing laws back to the tree it came from, would be impossible.

Furniture maker Ikea noted that even if it could comply with the change, the “administrative costs and record-keeping requirements” would cause furniture prices to “skyrocket.” The wood chips that go into its particleboard alone could require tracking back and reporting on more than 100 different tree species.

Which is exactly what the Lacey expanders wanted.

The WSJ also recently interviewed Gibson Guitar CEO Henry Juszkiewicz [related, Reuters; earlier] while Pat Nolan points out how the feds’ raid on the facility points up many evils of unbridled prosecution power [NRO] Musicians and others held a “We stand with Gibson” rally and concert [Mark Perry, rally pics] As for press coverage, Andrew Revkin at the NYT notes that outrage over the raid is energizing those horrid “anti-regulatory campaigners” [“DotEarth”] while an op-ed contributor at the paper explains that (not to sound like those same awful campaigners!) the operation of the Lacey Act does indeed menace innocent artisans who make musical instruments [Kathryn Marie Dudley] Tim Cavanaugh finds the L.A.Times strumming a derivative ideological tune, while Radley Balko notes, in a police-restraint-for-me-but-not-for-thee vein, that a reporter arrested at Occupy Nashville had mocked concern over the gun-toting Gibson raid. More: ABA Journal.

August 29 roundup