Los Angeles – Overlawyered

COVID-19 pandemic roundup

Walter Olson — Fri, 03 Apr 2020 09:59:09 +0000

I’ve started a notebook at Cato tracking abuse of government’s emergency powers. First installment tags NYC mayor de Blasio (claims he will shut down synagogues “permanently” if they defy his orders), L.A. mayor Garcetti (going to use the city utility to shut off violators), and a Gotham group that sees the crisis as the perfect excuse for an edict banning tobacco;
Drones spy on Brits taking country walks: “Here’s the problem, beyond the creepy secret surveillance: These people in the video are not in violation of this new law. The Derbyshire Police are in the wrong.” [Scott Shackford]
To get more ventilators, just order private companies to make them, say fans of the Defense Production Act. Not as simple as that [Megan McArdle]
“Needed fast: a plan to open up the economy again in a virus-safe way…. figure out what combination of personal distancing, self-isolation, testing, cleaning, etc. will allow each kind of business to reopen, at least partially.” [John Cochrane and more; Chris Edwards, Cato]
Many states have laws against wearing face masks on the street, which one hopes will go unenforced for masks meant to intercept virus transmission [Jacob Sullum]
In retrospect, it might have been wise for the World Health Organization to express its opposition to tobacco use in some way other than by calling it a “pandemic” [Pierre Lemieux]

Tags: Bill de Blasio, COVID-19 virus, Los Angeles, tobacco, utilities, WO writings

COVID-19 pandemic roundup is a post from Overlawyered - Chronicling the high cost of our legal system

“L.A. leaders weigh a new idea to halt rent hikes: Force landlords to sell their buildings”

Walter Olson — Sun, 09 Feb 2020 16:58:11 +0000

Los Angeles council members propose using eminent domain to seize apartment buildings to prevent rent hikes. The complex was built under a deal that required the developer/owner to hold rents below market levels for thirty years, and that period has now expired. [David Zahniser, Los Angeles Times; Christian Britschgi, Reason]

I think the scheme is premised in part on sponsors’ knowing that the city could proceed to make a low-ball offer premised on some combination of 1) uncertainty about whether judges would in fact award a fair market value sum that reflected actual market values, 2) the expected cost of litigation, and 3) other leverage the city might be able to bring to bear on the owners. Gideon Kanner, emeritus professor at Loyola L.A. Law and land use expert, has had a running feature for years at his blog called “Lowball Watch” with many examples of the low-ball offers routinely made in eminent domain proceedings.

Tags: eminent domain, landlord tenant law, Los Angeles, real estate

“L.A. leaders weigh a new idea to halt rent hikes: Force landlords to sell their buildings” is a post from Overlawyered - Chronicling the high cost of our legal system

L.A. official’s tweets help NRA win First Amendment case

Walter Olson — Thu, 09 Jan 2020 05:05:50 +0000

Last month a court struck down Los Angeles’s ordinance intended to discourage city contractors from dealing with the National Rifle Association (NRA), ruling it a First Amendment violation intended to chill speech and association. An amusing feature: the bill’s sponsor just couldn’t help grandstanding on Twitter and elsewhere about taking down the NRA, which provided the court with valuable evidence of the city’s intent. Moreover, the gun rights group has been making headway against similar efforts in San Francisco and New York state (led there by Gov. Andrew Cuomo) to target its pocketbook. I explain in a new piece at National Review.

Tags: Andrew Cuomo, Los Angeles, New York, San Francisco, WO writings

L.A. official’s tweets help NRA win First Amendment case is a post from Overlawyered - Chronicling the high cost of our legal system

Free speech roundup, campaign and political speech edition

Walter Olson — Mon, 30 Dec 2019 11:02:04 +0000

“New legislation aimed at curbing foreign influence in U.S. elections also appears to be aimed at curbing Americans’ influence in U.S. elections.” [Cato Daily Podcast with Caleb Brown and Scott Blackburn of the Institute for Free Speech on SHIELD Act]
“Everyone always talks about how much money there is in politics. This is the wrong framing. The right framing is… why is there so little money in politics?” [Scott Alexander]
Free speech advances other freedoms: “Frederick Douglass’s “Plea for Freedom of Speech in Boston”” [Law and Liberty, Kurt Lash introduction] The very idea of a gay rights organization once seemed unthinkable in America, and might have remained so “in the absence of a strong and particularly libertarian First Amendment.” [Dale Carpenter, SSRN and Volokh Conspiracy summary]
“That unlimited right to lobby the lawmakers who make decisions that affect your life, your family, and your fortune is one that Sen. Elizabeth Warren (D–Mass.) thinks American businesses should not have.” [Peter Suderman; Bradley Smith and Luke Wachob, NRO] A federal appeals court says an independent Missouri activist doesn’t have to register as a lobbyist to talk to lawmakers [Cato Daily Podcast with Caleb Brown and Zac Morgan of the Institute for Free Speech]
“Every Democrat in the Senate Supports a Constitutional Amendment That Would Radically Curtail Freedom of Speech” [Jacob Sullum] Same bunch “Still Fundraising Off Citizens United, Still Wrong About What It Means” [Elizabeth Nolan Brown]
“Essentially, L.A. has passed a law saying people with one interest in a decision by the council can support candidates, but the other side can’t.” [Christian Britschgi, Reason on city’s ban on contributions by developer but not anti-development interests]

Tags: campaign regulation, First Amendment, free speech, lobbyists, Los Angeles

Free speech roundup, campaign and political speech edition is a post from Overlawyered - Chronicling the high cost of our legal system

Public employment roundup

Walter Olson — Mon, 16 Sep 2019 09:57:19 +0000

States increase pension crisis with payouts for unused vacation and sick time [Steve Malanga, City Journal] “The Politics of Public Pension Boards” [Daniel DiSalvo, Manhattan Institute last year]
State personnel board ordered reinstatement: “San Jose State cop fired after beating gets job back, now with Los Gatos police” [Robert Salonga, East Bay Times via Peter Bonilla]
Time for the bizarre “California Rule” on pensions to go [public employers may not reduce future pension benefits even when based on work not yet performed; Carol M. Matheis, Federalist Society last year, earlier here and here] “Why California’s Pensions Only Deepen Inequality” [Joe Mathews, Zocalo Public Square] “Some L.A. pensions are so huge they exceed IRS limits, costing taxpayers millions extra” [Jack Dolan, Los Angeles Times, last December]
“You’re Not Fired: Do Civil Servants Have a Property Interest in Their Job?” [Federalist Society animated Policy Brief with Greg Jacob]
Court opinions and administration actions are restricting push-button access to dues from home health care workers and unions aren’t happy about that [Steven Malanga, City Journal]
California Teachers Association, Service Employees International Union push initiative to end Proposition 13 limits on commercial property taxation [Steven Greenhut, Reason]

Tags: Bay Area, California, civil service, labor unions, Los Angeles, public employment

Public employment roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Labor and employment roundup

Walter Olson — Wed, 03 Jul 2019 09:58:29 +0000

“Your license is gone, your livelihood is gone, the care of your patients is gone. How fair is that?” Opposition grows to policy of yanking occupational licenses over unpaid student loans [Marc Hyden and Shoshana Weissman, Governing; Nick Sibilla, Forbes]
Los Angeles ballot measure was billed as advancing affordable housing, but prevailing-wage provisions helped ensure that it didn’t [Steven Sharp, Urbanize Los Angeles]
Not mad at Jon Hyman for advising client employers to avoid legal risk by not employing released sex offenders, just mad at the policymakers who play to the cheap seats by perpetuating the casual cruelties of the offender registry laws;
“International programs demonstrate that paid leave benefits grow substantially over time, similar to other government entitlement programs.” [Vanessa Brown Calder, Cato; more Calder on paid leave mandates here, here, and (roundtable conversation) here (from last fall) and here; Emily Ekins, Cato and more (depth of public support depends on assumptions about impact on pay and women’s career prospects); Veronique de Rugy (why are conservatives supporting?)]
Frankfurter and Greene’s 1930 book The Labor Injunction, one of the most influential books ever about American labor law, prepared the ground for the New Deal’s Norris-LaGuardia Anti-Injunction Act. How accurately did it portray the labor injunctions of its day? [Mark Pulliam, Law and Liberty]
“What Will the E-Verify Program Be Used to Surveil Next?” [David Bier, Cato via David Henderson]

Tags: immigration law, labor unions, Los Angeles, occupational licensure, sex offender registries

Labor and employment roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Homeless encampments will stay put under Los Angeles settlement

Walter Olson — Tue, 12 Mar 2019 09:58:49 +0000

“The Los Angeles City Council on Wednesday agreed to settle a pivotal and contentious case on the property rights of homeless people — a decision that is likely to limit the seizure and destruction of encampments on skid row.” Since 2016 the city has been in litigation with civil rights lawyers representing homeless persons “and two Skid Row anti-poverty groups.” Subsequently, “U.S. District Judge S. James Otero in Los Angeles issued an injunction [that] barred the city from seizing and destroying homeless people’s property on skid row unless officials could show it had been abandoned, threatened public health or safety, or consisted of contraband or evidence of a crime.” [Gale Holland, L.A. Times; Susan Shelley, L.A. Daily News] An estimated 2,000 persons live in the downtown L.A. encampments, and diseases little seen in peacetime in the modern era, including flea-borne typhus, have been making a comeback. [Anna Gorman, Kaiser Health News/The Atlantic; KCOP; earlier]

L.A. should have put the Skid Row encampments under the authority of the California Coastal Commission. That would have ended all chance that anyone could successfully assert property rights in them.

Tags: Los Angeles, property law, roads and streets

Homeless encampments will stay put under Los Angeles settlement is a post from Overlawyered - Chronicling the high cost of our legal system

Free speech roundup

Walter Olson — Mon, 25 Feb 2019 11:03:04 +0000

We’ll pass the bill first, and let the courts tell us later whether it violates the First Amendment. That’s not how it’s supposed to work [my Free State Notes on a Maryland “cyberbullying” bill]
Local laws requiring government contractors to disclose/disclaim ties to the anti-Israel BDS movement have rightly come under criticism. Will that spill over to a constitutionally dubious new Los Angeles ordinance requiring contractors to disclose ties with an advocacy group devoted to a different issue, the NRA? [Eugene Volokh]
“Lust on Trial,” new book by Amy Werbel on celebrated vice crusader Anthony Comstock [Kurt Conklin with Alex Joseph, Hue (Fashion Institute of Technology, NYC); podcasts at FIRE with Nico Perrino and ABA Journal with Lee Rawles]
“The Rushdie affair became a template for global intellectual terrorism” from Paris and Copenhagen to Garland, Tex.; in a different way, it also foreshadowed the far pettier heresy hunts and sanctity trials of callout culture [Jonathan Rauch]
$250 million libel suits as a fantasy way to own the libs? In real life meanwhile big-ticket libel suits are used to silence conservatives [Competitive Enterprise Institute press release (leading media orgs including RCFP, SPJ, ASNE support rehearing of D.C. court ruling favorable toward Michael Mann defamation action), NR editors, Jack Fowler] “The media’s Covington coverage was appalling, but Nick Sandman’s libel lawsuit is not the answer” [Robby Soave, Irina Manta] Another part of the forest: Justice Clarence Thomas criticizes New York Times v. Sullivan [Will Baude, Cass Sunstein, Ramesh Ponnuru]
“A new documentary showcased by PBS presents Montana as a success story of campaign finance reform and Wisconsin’s John Doe investigations as a failure.” But “Dark Money” has some omissions [Cato Daily Podcast with Caleb Brown and Steve Klein of the Pillar of Law Institute]

Tags: bullying, free speech, guns, libel slander and defamation, Los Angeles, Maryland, Montana, Wisconsin

Free speech roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Some costs of teacher tenure

Walter Olson — Sun, 24 Feb 2019 17:01:19 +0000

Citing a study by Stanford University researcher Eric Hanushek, Howard notes that bad teachers have a much greater negative effect on student performance than good teachers have a positive effect. Based on student-performance data, Hanushek’s study concluded that dismissing the worst 8 percent of American public school teachers would put American students on par with those of Finland, which has the highest-scoring students in the world. Yet it’s nearly impossible to fire tenured teachers. In Los Angeles, an effort to fire just seven notoriously bad instructors cost the city $3.5 million, and only got rid of four of the teachers.

— Jonathan Leaf, City Journal, reviewing Philip K. Howard’s new book Try Common Sense: Replacing the Failed Ideologies of Right and Left.

Tags: Los Angeles, schools, teacher tenure

Some costs of teacher tenure is a post from Overlawyered - Chronicling the high cost of our legal system

Food and paternalism roundup

Walter Olson — Fri, 25 Jan 2019 10:59:52 +0000

“Sandwiches and main meal salads will be capped at 550 calories, ready meals will be capped at 544 calories and main courses in restaurants will be capped at 951 calories.” Guidelines from Public Health England aren’t mandatory yet, but expect U.K. government pressure on supermarkets and restaurants [Christopher Snowdon, Baylen Linnekin, Scott Shackford, Ryan Bourne]
“We are not saying they can never give children a chocolate or biscuit ever again,” says the Public Health England official. “But it cannot be a daily occurrence.” And more from “2018: The [mostly U.K.] nanny state year in review” [Snowdon]
Research paper on Philadelphia soda tax: cross-border shopping completely offsets in-city reduction in beverage sales, “no significant reduction in calorie and sugar intake.” [Stephan Seiler, Anna Tuchman, and Song Yao, SSRN via Caron/TaxProf] More: owner blames tax for closure of Philly supermarket [Eric Boehm]
Alternative headline: feds act to curb food waste by giving local schools more freedom to offer lunches kids will willingly eat [Jaden Urbi, CNBC]
“Los Angeles councilmember Paul Koretz [has] introduced a bill that, if passed, would require entertainment and travel venues around town to put at least one vegan dish on their menus.” [Clint Rainey, Grub Street; Scott Shackford]
“Dollar stores are the latest target of advocates who want to improve food offerings by limiting them” [Baylen Linnekin]

Tags: eat drink and be merry, Los Angeles, nanny state, obesity, Philadelphia, school lunch, soft drinks, United Kingdom

Food and paternalism roundup is a post from Overlawyered - Chronicling the high cost of our legal system