Posts Tagged ‘Senate’

Defending the filibuster, and being consistent about it

My colleague John Samples argues for the venerable instrument of Senate obstruction [Philadelphia Inquirer] And some sort of prize should go to Sen. Carl Levin (D-Mich.) who chided “one of the major newspapers in our country” — he probably meant the New York Times — for siding with anti-filibuster Democratic ultras this time around, though it had taken exactly the opposite position when Republicans controlled the Senate. “We’ve got to be consistent.” [Dave Weigel]

U.N. Convention on the Rights of Persons with Disabilities

President Obama, along with a number of Senators and longtime ADA advocates, have urged rapid Senate ratification of the United Nations Convention on the Rights of Persons with Disabilities, hailed in some quarters as an “international ADA”. Sen. Jim DeMint and other senators have objected to the super-fast-track proposed ratification schedule, arguing that the measure might affect the rights of homeschooling families caring for disabled children and that, in general, opponents deserve a right to be heard. If Senators take a closer look at the ambitious views of the treaty held by various disabled-rights and international-law advocates — one advocate says it could revolutionize the legal rights of the mentally ill, for example — they might find further reasons for caution. [hearing]

Hey, EEOC….

… can we have a heart-to-heart talk about some of what’s wrong with your new guidelines restricting employers from asking about job applicants’ criminal records? [Robin Shea] More: Diane Katz/Heritage, Ted Frank, Federalist Society podcast with Maurice Emsellem, Dominique Ludvikson and Dean Reuter, Brian Wolfman/Public Citizen (favorable to rules). Amy Alkon rounds up several more links, regarding which it should be noted that the EEOC has traditionally conceded an employer’s right to consider an embezzler’s rap sheet when filling a bookkeeping job — but not necessarily an axe-murderer’s rap sheet, since that’s not demonstrably “job-relevant.” Don’t you feel reassured now?

In related news, Roger Clegg reports that the House has passed a provision blocking EEOC enforcement of the guidance, which is encouraging as a preliminary matter; the Senate, however, is very likely to take a different position, and the rider will have no effect if the Senate view prevails. [NRO]

February 29 roundup

  • Jackpot justice and New Jersey pharmacies (with both a Whitney Houston and a Ted Frank angle) [Fox, PoL, our Jan. 3 post]
  • New Mexico: “Trial lawyers object to spaceport limits” [Las Cruces Bulletin]
  • Dodd-Frank: too big not to fail [The Economist] Robert Teitelman (The Deal) on new Stephen Bainbridge book Corporate Governance After the Financial Crisis [HuffPo] Securities suits: “trial lawyers probably won’t be able to defend a defective system forever” [WSJ Dealpolitik]
  • Uh-oh: U.K. Labour opposition looks at unleashing U.S.-style class actions [Guardian] “U.K. Moves ‘No Win, No Fee’ Litigation Reforms to 2013” [Suzi Ring, Legal Week]
  • More on controls on cold medicines as anti-meth measure [Radley Balko, Megan McArdle, Xeni Jardin, earlier here, here, here]
  • Recognizable at a distance: “In Germany, a Limp Domestic Economy Stifled by Regulation” [NY Times]
  • Fewer lawyers in Congress these days [WSJ Law Blog]

February 24 roundup

  • Melissa Kite, columnist with Britain’s Spectator, writes about her low-speed car crash and its aftermath [first, second, third, fourth]
  • NYT’s Nocera lauds Keystone pipeline, gets called “global warming denier” [NYTimes] More about foundations’ campaign to throttle Alberta tar sands [Coyote] Regulations mandating insurance “disclosures” provide another way for climate change activists to stir the pot [Insurance and Technology]
  • “Cop spends weeks to trick an 18-year-old into possession and sale of a gram of pot” [Frauenfelder, BB]
  • Federal Circuit model order, pilot program could show way to rein in patent e-discovery [Inside Counsel, Corporate Counsel] December Congressional hearing on discovery costs [Lawyers for Civil Justice]
  • Trial lawyer group working with Senate campaigns in North Dakota, Nevada, Wisconsin, Hawaii [Rob Port via LNL] President of Houston Trial Lawyers Association makes U.S. Senate bid [Chron]
  • Panel selection: “Jury strikes matter” [Ron Miller, Maryland Injury]
  • Law-world summaries/Seventeen syllables long/@legal_haiku (& for a similar treatment of high court cases, check out @SupremeHaiku)

Hearings on Congressional insider trading

They’re coming up within the next few days, but Prof. Bainbridge warns that the draft legislation circulating from the office of Sen. Kirsten Gillibrand (D-N.Y.) is “bizarre” and “toothless.” Earlier here, here, etc.

More: Gillibrand’s office says the weakness of the proposal was due to an inadvertent drafting error and that it will be given teeth. C-SPAN covers the hearing, the SEC and Sen. Scott Brown make their views known, Todd Henderson and Larry Ribstein take a contrarian position, and Prof. Bainbridge covers the scholarly testimony.

November 22 roundup

Busting Congress for insider trading

Thanks to the sensational revelations from Hoover’s Peter Schweizer on 60 Minutes and elsewhere, the public is now aware of the uncanny investment success that members of the U.S. Congress enjoy when they personally bet on the stocks of companies with business in the capital. But is it lawful for them to be trading on inside information? I take up that question in my new Cato at Liberty post. More: Bainbridge, Stoll, @AndrewBreitbart.