Posts Tagged ‘Oregon’

Update: jury acquits in Nevada Bundy standoff

“For the second time this year, the federal government tried and failed to convict four men who joined the high-profile Bundy family in its 2014 [Nevada] standoff with federal agents in a dispute over grazing fees for cattle.” Two defendants were acquitted of all charges, and two others were acquitted of most with the jury hanging on the remainder. [Melissa Etehad and David Montero, L.A. Times] Both the armed Nevada standoff, and the later Bundy family takeover of the unoccupied Malheur wildlife refuge in Oregon, played at the time as big crisis stories. Despite the weakness of many of the underlying legal claims about land advanced by the protesters, federal prosecutors have struggled to obtain convictions; the Oregon takeover resulted in acquittals in October [our earlier coverage] [revised and corrected; an earlier version of this post had been based on confused chronology]

Wage, hour, and pay roundup

Constitutional law roundup

  • In name of suicide prevention, Oregon plans to use emergency one-sided hearsay proceedings to take away gun rights [Christian Britschgi, Reason]
  • Past Office of Legal Counsel (OLC) readings of Emoluments Clause fall between extreme positions of CREW on the one hand and Trump White House on the other [Jane Chong/Lawfare, earlier]
  • “Yes, Justice Thomas, the doctrine of regulatory takings is originalist” [James Burling, PLF] On the Court’s decision in Murr v. Wisconsin (earlier), see also Robert Thomas at his Inverse Condemnation blog here, here, and here;
  • Notwithstanding SCOTUS decision in Pavan v. Brown just four days before, Texas Supreme Court intends to take its time spelling out to litigants the implications of Obergefell for municipal employee benefits [Josh Blackman (plus more), Dale Carpenter on Pidgeon v. Turner] Why the Supreme Court is not going to snatch back Obergefell at this point [David Lat]
  • Tariff-like barrier: California commercial fishing license fees are stacked against out-of-staters [Ilya Shapiro and David McDonald, Cato]
  • H.L. Mencken writes a constitution, 1937 [Sam Bray, Volokh]

Free speech roundup

  • ACLU of Oregon has it right: even in near aftermath of violent Portland attack, government cannot revoke rally permits because of disapproval of the message being sent [Ronald K.L. Collins, Scott Shackford/Reason, John Samples/Cato]
  • “The ‘eye for an eye’ theory of respecting free speech is particularly pernicious because it represents the worst sort of collectivism, something the principled Right ought reject.” [Ken White, Popehat] Courts have been doing a stellar job of upholding free speech. Other sectors of U.S. society, less so [same]
  • tl:dr version: yes, legally it can. “Can Charlotte Pride parade exclude Gays for Trump float?” [Eugene Volokh]
  • “California AG agrees: Calif. law does not preclude private citizens from displaying Confederate battle flag at county fairs” [Volokh, earlier]
  • “Germany Raids Homes of 36 People Accused of Hateful Postings Over Social Media” [David Shimer, New York Times] Per David Meyer-Lindenberg, German police launched 234,341 investigations over insult or other hurtful speech last year [Scott Greenfield] A vigilant comrade has reported your tweet of Wednesday last to the constabulary as doubleplus ungood [Matt Burgess, Wired, last August on Met Police plans in U.K.]
  • On inviting controversial speakers: “A response to Scott Alexander” [Flemming Rose, Cato]

Oregon man fined $500 for calling himself engineer in email to state

By reader acclaim: “In September 2014, Mats Järlström, an electronics engineer living in Beaverton, Oregon, sent an email to the state’s engineering board. The email claimed that yellow traffic lights don’t last long enough, which ‘puts the public at risk.'” The board fined him $500 for “practicing engineering without a license” and for referring to himself as an engineer in correspondence with the state despite his unregistered status. The Institute for Justice is in court on his behalf. [Jason Koebler, Motherboard]

“Portland’s First Mountain-Bike Park Could Be Crippled by a Court Decision”

“Parks where Oregonians pursue adventure sports—like East Portland’s Gateway Green—now have liability for visitors’ injuries. … Last March, the Oregon Supreme Court handed down a ruling that overturned a key premise of a 45-year-old law referred to as the Oregon Public Use of Lands Act.” [Nigel Jaquiss, Willamette Week]

December 28 roundup

Banking and finance roundup

November 16 roundup