- Great moments in public employee unionism, cont’d: D.C. Metro track inspector charged after derailment with falsifying records wins reinstatement and back pay in arbitration [Max Smith, WTOP, earlier here (similar after fatal smoke incident) and here] Could be permanent? “Bus drivers’ union threatens strike over driverless buses” [Jason Aubry, WCMH (Columbus, Ohio)]
- Letting guests skip housekeeping = grievance: “Union Threatens Strike over Marriott’s Green Initiative” [Darrell VanDeusen, Kollman & Saucier]
- Stephen Bainbridge series on what’s wrong with Sen. Elizabeth Warren’s proposals [earlier, etc.] continues with a post on labor co-determination and employee involvement in corporate governance;
- “Public Sector Unions Win Big at the California Supreme Court: California citizens must now meet and confer with union bosses before qualifying any compensation-related initiatives for the ballot.” [Steven Greenhut, Reason]
- My Frederick News Post letter to the editor opposing Question D (mandatory binding arbitration and collective bargaining for career firefighters). More on mandatory binding arbitration in the public sector: Ivan Osorio et al on California, for Cato (see pp. 12 et seq.); Steve Eide, Public Sector Inc., 2013.
- “Waikiki, Hawaii hotel workers decline to join union; the union demands they pay full dues anyway, starts process to garnish their wages. Does the union’s conduct amount to an unfair labor practice? NLRB: No, the union made an honest mistake. D.C. Circuit: That ‘makes no sense.’ The union never apologized or said it made a mistake. Its message to the workers was, ‘We can do this the easy way, or we can do this the hard way.'” [John Kenneth Ross, IJ “Short Circuit”]
- Astonishing investigation into feds’ “235 school shootings a year” statistic: “NPR reached out to every one of those schools repeatedly over the course of three months and found that more than two-thirds of these reported incidents never happened. …We were able to confirm just 11 reported incidents.” [Anya Kamenetz, Alexis Arnold, and Emily Cardinali, NPR]
- Sentences that make you go back and read twice: “Mister Cookie Face lawyer Blake Hannafan also applauds the verdict and says 600 lb Gorillas ‘overreached.’” [AP/WHEC, Metro West Daily News on legal battle between Massachusetts dessert company and ice cream supplier]
- “In-N-Out Burger sends pun-filled letter to beer maker to address ‘brewing’ trademark issue” [ABA Journal]
- In Arkansas, socially conservative Family Council Action Committee enlists in the ranks against liability reform, and some less-than-charitable souls wonder whether $150,000 in donations from a Little Rock law firm might have had anything to do with that [Andrew DeMillo, AP]
- AG Brian Frosh’s embarrassing SALT suit, religious adoption fight, Cardin’s red meat thrown to Left, union influence in Montgomery County, Baltimore water supply, and more Maryland stuff in my new Free State Notes roundup;
- Federal court strikes down North Carolina’s U.S. House map as partisan gerrymandering, which could (or might not) lead to lively doings at the Supreme Court between now and Election Day [my new post at Cato]
- After parking lot shooting Pinellas County, Florida sheriff “claim[ed] his hands were tied by Florida’s Stand Your Ground law. But that is not true” [Jacob Sullum, Reason, more; David French, NRO]
- Major USA Today story on origins of Baltimore’s devastating crime and murder wave [Brad Heath; Jonathan Blanks, Cato]
- Related: in Baltimore’s Gun Trace Task Force police scandal, plea bargains punished the innocent [Capital News Service investigation by Angela Roberts, Lindsay Huth, Alex Mann, Tom Hart and James Whitlow: first, second, third parts]
- California Senate votes 26 to 11 to abolish felony murder rule, under which participants in some serious crimes face murder rap if others’ actions result in death [ABA Journal, bill]
- New Jersey’s reforms curtailing cash bail, unlike Maryland’s, seem to be working reasonably well [Scott Shackford; longer Shackford article on bail in Reason; earlier here, here, etc.]
- “Miami Police Union Says Head-Kicking Cop ‘Used Great Restraint,’ Shouldn’t Be Charged” [Jerry Iannelli, Miami New Times]
- “Expensive new licensing requirements and the bureaucratic headache of implementing” new regulations are expected to reduce further the number of agencies offering international adoption to U.S. families [Liz Wolfe, Reason] And don’t forget to mark your calendar and, if you can attend in person, register for next week’s July 19 Cato conference on adoption policy, at which international adoption will be one focus;
- Report confirms again what I wrote nearly a year ago: many persons are being held in jail longer under Maryland’s ill-thought-out venture in restricting cash bail [Lynh Bui, Washington Post, my WSJ piece last September, more]
- Online data protection episode is just latest instance of how California initiative process can put disturbing leverage in private hands [Cathy Gellis, TechDirt]
- “The cans now read ‘NON-TRADEMARK INFRINGEMENT ALMA MATER IPA’ with no other Pitt-related images.” [Grant Burgman, Pitt News on campus beer trademark controversy]
- “Pregnancy discrimination? Don’t rely on government for additional protection” [Vanessa Brown Calder, Cato]
- If you’re looking to dodge voir dire scrutiny: “How To Get On a Jury” [Mark Bennett, Reason]
When I wrote last month about Google’s and Facebook’s ill-advised decision to turn away ads for bail bond services, I hadn’t seen Alex Tabarrok’s insightful post on the same topic, calling the tech giants’ decision “deeply disturbing and wrongheaded.” Excerpt:
Bail bonds are a legal service. Indeed, they are a necessary service for the legal system to function. It’s not surprising that bail bonds are used in communities of color and low income neighborhoods because it is in those neighborhoods that people most need to raise bail. We need not debate whether that is due to greater rates of crime or greater discrimination or both. Whatever the cause, preventing advertising doesn’t reduce the need to pay bail it simply makes it harder to find a lender. Restrictions on advertising in the bail industry, as elsewhere, are also likely to reduce competition and raise prices. Both of these effects mean that more people will find themselves in jail for longer….
Ian Ayres and Joel Waldfogel also found that the bail bond system can (modestly) ameliorate judicial racial bias. Ayres and Waldfogel found that in New Haven in the 1990s black and Hispanic males were assigned bail amounts that were systematically higher than equally-risky whites. The bail bondpersons, however, offered lower prices to minorities–meaning equal net prices for people of equal risk–exactly what one would expect from a competitive industry.
My own research found that defendants released on commercial bail were much more likely to show up for trial than statistical doppelgangers released by other methods. Bounty hunters were also much more likely than the police to capture and bring to justice people who did jump bail. The bail bond system thus provides an important public service at no cost to the public.
In addition to being wrongheaded, Google’s decision is disturbing because it is so obviously a political decision….[Every] time Google acts as a lawgiver instead of an open platform it invites regulation and political control.
Meanwhile, reports from Maryland confirm that (as I’ve warned in the past) that state’s unplanned experiment with curtailing cash bail, without due attention to developing alternative institutions, has led to the retaining in jail of many defendants who otherwise would have rejoined their families [Jayne Miller/WBAL, Scott Shackford/Reason] More links on bail controversies: Scott Greenfield; Daniel Dew, Buckeye Institute last year (pro-reform in Ohio).
By February, clues were in plain sight that the Supreme Court was not inclined to hand down a “big” landmark decision this term on gerrymandering. That was confirmed yesterday when the Court got both cases off its plate without reaching the merits, instead disposing of them for now on issues of standing (Gill v. Whitford, Wisconsin) and timing (Benisek v. Lamone, Maryland). Strikingly, both decisions were unanimous as to result, a clue as to the carefully limited scope of what was decided, and both cases can continue in the courts below with their legal theories mostly intact. “The Court has kicked the issue of partisan gerrymandering down the road. States shouldn’t,” I write in a new Cato commentary on the decisions.
- Put a Plimsoll line on a T-shirt and you might hear from trademark lawyers [Cyrus Farivar, ArsTechnica]
- “Do Landlords Have a Duty to Evict Drug-Using Tenants (or Face Liability if Guests Die When Using Drugs with Them)?” [Eugene Volokh]
- Interview with Judge Jeffrey Sutton about his new book on state constitutions, “51 Imperfect Solutions: States and the Making of American Constitutional Law” [Ilya Somin, parts one and two] Federalist Society teleforum with Judge Sutton, Randy Barnett, and Judge William Pryor;
- “American Airlines bans insects, hedgehogs and goats as emotional support animals” [CNNMoney/WQAD] Peacocks begone: “JetBlue Updates Requirements for Emotional Support Animals” [press release]
- Gov. Hogan vs. teachers’ unions, pension mandate, a socialist for MoCo County Executive?, and more in my latest Maryland roundup [Free State Notes]
- “A Devastated Puerto Rico Must Still Contend with the Jones Act” [Cato Podcast with Colin Grabow and Caleb Brown, earlier]
It’s okay to view “conversion therapy” as worthless quackery yet still have misgivings about the government banning it, I argue [Free State Notes]
- “A Lawyer Who Helped an Exoneree Blow Through $750,000 Is Under Investigation” [Joseph Neff, Marshall Project]
- Department of State agency accreditation delays help worsen decline in international adoption [Kim Phagan-Hansel, Chronicle of Social Change]
- Fifth Circuit affirms sanctions award against ADA attorney Omar Rosales over “reprehensible misconduct” including “fabricating evidence” and “fraud on the court.” [Deutsch v. Phil’s Icehouse]
- Baltimore’s school mismanagement, GOP delegates cool on beer reform, non-citizen voting, Metro subway decay and more in my new Maryland roundup [Free State Notes]
- Eccentric English judge of olden days: “The Incoherence of Serjeant Arabin” [Bryan A. Garner]
- “L.A. Lawmakers Looking To Take Legal Action Against Google For Not Solving Long-Running City Traffic Problems” [Tim Cushing, TechDirt on controversy over Waze routing of traffic onto steep-graded street]
I like advocacy journalism as well as the next fellow — at least I consume a lot of it as a reader. That doesn’t mean the federal government should be funding it, thereby giving a boost to one side of environmental debates in the mid-Atlantic region. My new piece for the DC Examiner examines the Environmental Protection Agency’s longstanding subsidies for the influential Chesapeake Bay Journal.