Even as progressives rediscover the separation of powers and other limitations on executive action these days, many conservatives as quickly forget them [Greg Weiner, Law and Liberty]
Better than law school: Frank Easterbrook, John Harrison, Akhil Amar, and Victoria Nourse on rules versus standards in jurisprudence, with particular attention to the work of Justice Antonin Scalia, who made the subject a particular theme of his. The video is from the Federalist Society National Lawyer’s Convention last weekend, which had a Scalia theme.
“5. Issue More Guidance (and Accept the Consequences) 6. Be Less Capricious and More Transparent in ‘Waiving’ Laws 7. Stop Stealing Money from Congress.” [Adam White (Hoover), Liberty and Law]
- As government’s grip tightens in Turkey, Erdogan begins rounding up journalists [New York Times, Jonathan Turley on aftermath of coup attempt]
- German court fines man $2,480 for comparing state politician’s IQ to that of “a piece of toast” [Deutsche Welle]
- University of Cape Town disinvites free speech hero and Cato fellow Flemming Rose, of Danish cartoons fame, prompting letters of protest from Nadine Strossen, Floyd Abrams, Kenan Malik [John Samples]
- “If it’s perceived by the victim, then it is” — adviser to London police on online insults as hate crime [Express] “Nottinghamshire police to count wolf-whistling in street as a hate crime” [Guardian, quoting three backers and no critics of idea]
- Maybe our state AGs could offer tips on punishing wrongful advocacy: campaigners in UK want to prosecute public figures for fraud in promoting Leave side in Brexit referendum [Business Insider on “Brexit Justice” effort]
- Meanwhile, here: prominent Harvard Law professor says “rule of law” and “First Amendment” are “almost entirely without content” [David Bernstein on views of Mark Tushnet]
“We live in a nation of laws, in the same way people on “Hoarders” live in houses of cat food boxes” — David Burge on Twitter
James O’Malley looked at road deaths per 100,000 people for various counties “and compared it to the scores given by the World Justice Project on Rule of Law in 2015.” The correlation came out at -0.68, suggesting that improvements in the rule of law correlate strongly with safer road conditions, possibly mediated through better driver behavior and trust between citizens. Good rule of law conditions also correlate with increased income, but that appears to have a U-shaped effect on aggregate road fatalities: when very poor countries begin to prosper more persons can own cars and the number of accidents increases, but as countries approach affluence more is invested in safety. [CityMetric via Christopher Groskopf, Quartz, including above title]
Small banks and other regulated businesses now live at the permission of arbitrary regulators in a legal system that no longer protects individual rights. That’s the message of a letter sent to shareholders earlier this year by Frank H. Hamlin III, CEO of the small Canandaigua National Bank in upstate New York. In particular, Hamlin cites the way the office of New York attorney general Eric Schneiderman has pushed around two other upstate banks (not his) on ill-defined redlining charges based on doing too much of their lending in the suburbs. I write about it in a new post at Cato at Liberty.
I write at Cato about the accomplishments of Ida Wells (1862-1931), who after being born into slavery in Mississippi became the leading voice documenting the horrors of lynch law in late nineteenth century America, as well as a free speech heroine (a mob in Memphis attacked and destroyed her printing press). Wells is also the subject of today’s Google Doodle. And as I learned from Nicholas Johnson’s post last year at Volokh, she was a notable figure in the history of the Second Amendment as well.
As I recount at Cato at Liberty, a new report from the Equal Justice Initiative on the long history of lynching in the South, combined with a federal judge’s widely noted speech upon sentencing three men in a racially oriented Mississippi killing, can bring us to think about how far America has fallen short of the ideal of the rule of law in some periods, and how far it has come since. [& Rod Dreher]
I could find about a thousand far more sympathetic examples of folks screwed over by government land use regulations — e.g. people whose puddle in the backyard is suddenly a wetlands that they can’t build on. But for some reason Conservatives all rushed to pile on this one example. Stupid.
Only a thousand?