Posts Tagged ‘Pennsylvania’

Some election results

* As expected, Democrats took over both houses in the Virginia legislature, sweeping the D.C. and Richmond suburbs where they successfully nationalized the issues. Virginia has been a badly gerrymandered state, which figured as an issue in the campaign. Now that they are fully in charge of the process, Virginia Democrats will need to decide whether they actually believe in moving toward neutral and impartial redistricting methods that take the power of line-drawing out of the hands of interested parties.

* New York City voters overwhelmingly approved a proposal to adopt ranked choice voting (RCV) in primary and some other elections. While I know this isn’t a universally shared view, I see a lot of merit in ranked choice voting and look forward to seeing more large jurisdictions experiment with it.

* Jim Hood, whose doings as Mississippi Attorney General have long furnished grist for this blog, looks to have fallen short in his bid for Mississippi governor.

* The “crime victims’ rights” package known as Marsy’s Law was on the Pennsylvania ballot. My piece on why it’s a really, really bad idea.

Labor and employment roundup

  • Democratic contenders’ platforms on employment issues: Sanders still gets out furthest to left but Warren, Buttigieg, and O’Rourke giving him some serious competition [Alexia Fernández Campbell, Vox]
  • Occupational licensure: more states embrace reform [Eric Boehm] Bright spots include Colorado (Gov. Jared Polis vetoes expansion) and Pennsylvania (recognition of out-of-state licenses) [Alex Muresianu and more] Connecticut catching up on nail salons, in a bad way [Scott Shackford]
  • “Trump’s Labor Board Is Undoing Everything Obama’s Did” [Robert VerBruggen, NRO] A theme: to protect employee freedom of choice [Glenn Taubman and Raymond J. LaJeunesse, Federalist Society]
  • Mistaken classification of a worker as an independent contractor, whatever its other unpleasant legal implications for an employer, is not an NLRA violation when not intended to interfere with rights under the Act [Todd Lebowitz; Washington Legal Foundation; In re Velox Express]
  • Modern employers need to watch out for their HR departments, says Jordan Peterson [interviewed by Tyler Cowen, via David Henderson]
  • Despite effects of federal pre-emption, state constitutions afford a possible source of rights claims for workers [Aubrey Sparks (Alaska, Florida constitutions) and Jonathan Harkavy (North Carolina), On Labor last year]

October 2 roundup

  • Supreme Court should step in to protect freedom of association against California’s push to obtain donor identities for controversial groups [Ilya Shapiro and James Knight on Cato certiorari amicus brief in Americans for Prosperity Foundation v. Becerra, earlier]
  • Civil liberties implications pretty dire if taken seriously: “Trump White House Mulls Monitoring the Mentally Ill for Future Violence” [Cato Daily Podcast with Julian Sanchez and Caleb Brown]
  • Online platform liability: “all the ignorance about and hostility toward Section 230 of late has been infecting the courts.” Take for example the Ninth Circuit [Cathy Gellis, TechDirt]
  • New book (not seen by me) by Bruce Cannon Gibney, The Nonsense Factory: The Making and Breaking of the American Legal System, draws a favorable review from Tyler Cowen and a less favorable one from Mark Pulliam;
  • The loophole that lets 3.1 million persons — even millionaires — collect SNAP benefits even though they wouldn’t otherwise meet eligibility standards, and why some state agencies are fine with this [Angela Rachidi and Matt Weidinger, AEI]
  • Mark your calendar for Harrisburg, Pennsylvania Nov. 16: I’ll be a featured speaker (as will author Dave Daley) at “Reclaiming Our Democracy: The PA Conference to End Gerrymandering” [Fair Districts PA]

Pennsylvania special: muzzle a critic for about $300

“Pennsylvania offers the flimsiest of SLAPP protections, something [Joe] Schiavo discovered firsthand when he served as vice chair of the Old City Civic Association’s zoning committee.” The civic association often took a role in development controversies, and after facing repeated (though unsuccessful) lawsuits from developers and owners, was dropped by its insurance carrier and decided to disband. “‘For the cost of a filing fee, probably less than $300, they actually shut down the civic association,’ Schiavo said of the organization’s litigious opponents. (The fee for a non-jury trial complaint in Common Pleas Court is $333.)” Among others who’ve used Pennsylvania law to go after critics: prominent politicians. [David Gambacorta, Allentown Morning Call/Tribune News Service]

Medical roundup

Environment roundup

  • EPA confirms the view of its peer agencies around the world: glyphosate weed killer, found in Roundup, is not a carcinogen [Tom Polansek, Reuters, earlier, more]
  • Mayor Bulldozer? Critical look at Pete Buttigieg’s push to tear down hundreds of vacant dilapidated South Bend homes and fine the owners [Henry Gomez, BuzzFeed; see also Chris Sikich, Indianapolis Star]
  • “Why Trump should call off the EPA’s latest assault on NYC” [Nicole Gelinas, New York Post; $3 billion to revamp and cover over a Yonkers reservoir]
  • “‘High-yield’ farming costs the environment less than previously thought – and could help spare habitats” [Cambridge University]
  • Is clarity finally coming on the scope of federal control of local surface waters? [Jonathan Adler on Trump administration “Waters of the United States” regulation; Tony Francois, Federalist Society on prospects for “navigable waters” at the Supreme Court]
  • “New Jersey Court Strikes Down Use of Eminent Domain to Take Property to “Bank” it for Possible Future Use” [Ilya Somin] Pennsylvania law promoted as fixing blighted neighborhoods used to steal people’s homes [Eric Boehm]

April 17 roundup

  • Estonia introduces artificial intelligence algorithms to adjudicate small claims disputes [Eric Niiler, Wired]
  • “The Connecticut Ruling: Another Attempt to Blame the Gun for Gun Crime” [Joyce Lee Malcolm, Law and Liberty on 4-3 Connecticut Supreme Court ruling finding state consumer law not preempted by federal PLCAA (Protection of Lawful Commerce in Arms Act)] “But will the Supreme Court allow Connecticut to circumvent federal law?” [Scott Greenfield] Remington will seek certiorari review at U.S. Supreme Court [Dave Collins, AP/WTIC]
  • In Pennsylvania, there’s “a feeling that law firms can get judges fired” after a worker’s comp judge who angered “one of the state’s most politically connected law firms…quickly lost her job” [William Bender, Philadelphia Daily News]
  • Nanny staters vs. comptroller’s moves to modernize alcohol marketing regulation, no action on Sixth District gerrymander, Angelos asbestos bill tripped up, critics are right to oppose push to abolish child-abuse statute of limitation, heads should roll in business lobby after minimum wage fiasco, and more in a Sine Die (end of legislative term) roundup at my Maryland blog Free State Notes;
  • “Harm Reduction: Shifting from a War on Drugs to a War on Drug-Related Deaths,” videos of Cato Institute conference with Jeffrey Singer, Maia Szalavitz, Ed Rendell, Clark Neily, Jeffrey Miron, Michael Cannon, and others [parts one, two, three, four, Jeffrey Singer overview blog post] and related Cato podcasts with Daniel Ciccarone on prohibition as crisis driver, Scott MacDonald on heroin-assisted treatment, Darwin Fisher on supervised injection, and Adrianne Wilson-Poe on cannabis and opioid overdose;
  • “How Are State Supreme Court Justices Selected?” [Federalist Society Policy Brief video with Chris Bonneau and Brian Fitzpatrick]

January 16 roundup

  • The two new heads of the judiciary committees in the Pennsylvania legislature are nonlawyers, and the legal community appears to be fine with that [Max Mitchell, Legal Intelligencer]
  • Long after his downfall in one of the worst U.S. legal scandals in years, Stan Chesley was still listed as holding an honored position at a major charity until a reporter started calling [Josh Nathan-Kazis, Forward, I’m quoted; update (Chesley’s name removed)]
  • National security restrictions form an important part of regulatory practice these days for international business, discussed at a Federalist Society National Lawyers Convention panel with William J. Haynes II, Timothy Keeler, Randal Milch, Donald Rosenberg, and moderator Eric J. Kadel, Jr.;
  • How seeking government intervention backfired on Silicon Valley [Drew Clark, Cato Policy Report]
  • Are Baltimore schools underfunded? tales of the gun buyback, local adoption of Daubert, and more in my latest Maryland policy roundup [Free State Notes; plus redistricting updates]
  • “Despite Losing Its Copyright Case, The State Of Georgia Still Trying To Stop Carl Malamud From Posting Its Laws” [Mike Masnick, TechDirt, earlier]

Labor and employment roundup

  • Sens. Marco Rubio, Elizabeth Warren team up on federal bill to curb practice of yanking occupational licenses over unpaid student debt [Eric Boehm] “Pennsylvania’s Governor Calls for Abolishing 13 Occupational Licenses” [same] Licensing reform generally hasn’t been a partisan battle, but party-line vote in California legislative committee has derailed one promising bill [same] Nebraska gets out in front on the issue with a bill sponsored by libertarian state senator Laura Ebke [Platte Institute] “You Shouldn’t Need a License to Braid Hair” [Ilya Shapiro and Aaron Barnes on Cato amicus brief in Niang v. Tomblinson]
  • Alone among states, California requires a “mandatory mediation and conciliation process” for agricultural employers. Arbitrary and open to constitutional challenge [Ilya Shapiro and Reilly Stephens on Cato amicus brief for California Supreme Court certiorari in Gerewan Farming Inc. v. Agricultural Labor Relations Board]
  • “Lawsuits that compel sharing economy companies to treat their contractors as full-fledged employees will only forestall the inevitable transition towards a Tomorrow 3.0 economy.” [Pamela Hobart, Libertarianism.org reviewing Michael Munger’s new book “Tomorrow 3.0”] Plaintiffs in California Supreme Court ruling: “Uber Drivers Just Killed All the Parts of the Job They Supposedly Liked the Most” [Coyote]
  • Or maybe the gig economy isn’t taking over after all [Ben Casselman, New York Times; Ben Gitis and Will Rinehart, American Action Forum, on new Bureau of Labor Statistics survey finding that prevalence of contingent work has declined, not risen, since 2005]
  • “Original Meaning Should Decide Arbitration Act Case on Independent Contractors” [Andrew Grossman and Ilya Shapiro on Cato amicus in Supreme Court case of New Prime v. Oliviera]
  • “Disability rates among working-age adults are shaped by race, place, and education” [Martha Ross and Nicole Bateman, Brookings]

Penn State cracks down on student outdoors clubs

“Penn State recently decreed that three student-led outdoor adventure groups—the hiking club, the cave exploration club, and the scuba club—would have to disband due to safety liability concerns, even though none of the long-running clubs had ever reported a problem.” In the case of hiking, a “key issue for administrators was that the Outing Club frequently visit locations with poor cell phone coverage.” [Lenore Skenazy and Robby Soave, Reason]