trafficking – Overlawyered

September 20 roundup

Walter Olson — Fri, 20 Sep 2019 10:01:05 +0000

Oregon: “Union-Backed Ballot Initiative Would Limit Grocery Stores to 2 Self-Checkout Machines” [Christian Britschgi, Reason]
Not unexpectedly, given its own precedent, Ninth Circuit rules Idaho inmate entitled to sex reassignment surgery [Amanda Peacher and James Dawson, NPR; pre-ruling (July) KRCC/NPR podcast and interview with Peacher, I’m quoted as in earlier coverage; earlier]
I wrote a personal recollection at Cato of philanthropist David Koch;
“Flight attendants and airport staff now get trained to intervene in what federal officials (falsely) portray as an epidemic of airline-based sex trafficking which can be spotted by good Samaritans who know the ‘signs.'” And mistakes will happen [Elizabeth Nolan Brown, Reason]
Population growth has caused the Ninth Circuit to bulge at the seams. Left-right political advantage isn’t a good reason to break it up, but there are plenty of nonpolitical reasons that are good [Ilya Shapiro and Nathan Harvey, George Mason Law Review]
“The legal profession was regarded by both the authors of The Federalist and Alexis de Tocqueville as the anchor of the republic —- a barrier to destabilizing innovation and a constraint on excessive democratic passions.” What happened? [John McGinnis]

Tags: airlines, labor unions, lawyers, Ninth Circuit, Oregon, trafficking, transgender, WO writings

September 20 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

FOSTA, SESTA, and Section 230

Walter Olson — Tue, 27 Feb 2018 05:05:32 +0000

The U.S. House of Representatives appears about to vote on a bill forcing platforms to monitor users’ content and undermining Section 230, charter of freedom for online social media, all in the name of the widening campaign against real or imagined trafficking. [Electronic Frontier Foundation; Eric Goldman post and podcast and background from September; Adam Brandon, FreedomWorks; earlier here, etc.] More: John Samples, Cato; Cathy Gellis, TechDirt.

Tags: free speech, social media, trafficking

FOSTA, SESTA, and Section 230 is a post from Overlawyered - Chronicling the high cost of our legal system

Free speech roundup

Walter Olson — Mon, 27 Nov 2017 11:01:08 +0000

SCOTUS grants certiorari in three First Amendment cases, bringing term’s total to four so far: National Institute of Family & Life Advocates v. Becerra (challenge to California law requiring “crisis pregnancy centers” to convey state-prescribed messages), Lozman v. Riviera Beach (scope of First Amendment claims for retaliatory arrest), Minnesota Voters Alliance v. Mansky (ban on political apparel at polls) [Ronald K.L. Coleman, Amy Howe/ SCOTUSBlog, Eugene Volokh, Howard Wasserman]
Roy Moore threatens Alabama newspapers with legal action, newspapers fire back with preserve-your-records-or-risk-sanctions warning [Erik Wemple, Washington Post]
Section 230 at risk: proposed amendment to trafficking bill doesn’t go nearly far enough to remove chilling effect on online speech [R Street coalition letter, Mike Godwin, The Hill, earlier]
“Judge Smacks Down Another Anonymous Cop’s Lawsuit Against Black Lives Matter” [Tim Cushing, TechDirt; earlier on Baton Rouge suits]
Asian-American band gets their trademark “The Slants” — fought over in a case that went to the Supreme Court — registered at last [Eugene Volokh, earlier]
“Sen. Feinstein’s Threat to ‘Do Something’ to Social Media Companies Is a Bigger Danger to Democracy Than Russia” [Scott Shackford, Reason]
…

Tags: Alabama, Facebook, First Amendment, free speech, libel slander and defamation, social media, Supreme Court, trafficking

Free speech roundup is a post from Overlawyered - Chronicling the high cost of our legal system

“3-year-old for sale, $12” joke prompts human trafficking investigation

Walter Olson — Thu, 19 Oct 2017 04:05:50 +0000

Journalist mom tweets “3-year-old for sale. $12 or best offer.” Following an anonymous tip, Lafayette County, Miss. initiates human trafficking investigation. And thus began what Alex McDaniel describes as the “most hellish week of my life.” [Magnolia State Live via Lenore Skenazy]

Tags: Child Protective Services, Mississippi, trafficking

“3-year-old for sale, $12” joke prompts human trafficking investigation is a post from Overlawyered - Chronicling the high cost of our legal system

February 17 roundup

Walter Olson — Wed, 17 Feb 2016 05:05:52 +0000

Cross-examination of Mr. Hot Yoga left jury steamed, especially when it came to explaining the luxury cars [Lowering the Bar; more on Bikram Choudhury litigation]
Forty-nine (!) Georgia corrections officers accused of taking bribes, drug trafficking [WXIA Atlanta; compare Baltimore jail guards scandal]
More reactions to Justice Scalia’s death: Lee Liberman Otis, Joseph Bottum, Emily Zanotti, David Wagner/Ninomania. His legacy on the Fourth Amendment [Jonathan Blanks, Cato] On canines in the curtilage and the Bill of Rights more generally [Jacob Sullum] Labor and employment law bloggers on his passing [Jon Hyman] Immune to internationalist argle-bargle, Scalia was actually one of SCOTUS’s more cosmopolitan members [Julian Ku/Opinio Juris]
Los Angeles joins San Francisco and Boston in banning chewing tobacco in Dodger Stadium and every other park and stadium in the city, because it can [Curbed LA]
“They are both highly educated attorneys” which means they should have known better than to launch that lurid plot to plant drugs on the rival PTA mom [Washington Post]
To get a cosmetology license in Ohio, you’ll need to undergo training in spotting signs of human trafficking [Elizabeth Nolan Brown/Reason; earlier on hair and beauty professionals as informants]
“British teenager creates robot lawyer to help people with their legal queries” [Mashable]

Tags: Antonin Scalia, Fourth Amendment, Georgia, international law, Los Angeles, occupational licensure, prisoners, tobacco, trafficking

February 17 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Free speech roundup

Walter Olson — Tue, 09 Jun 2015 04:05:09 +0000

Weirdly, Europe is more willing to legislate against pro-ISIS views than openly to argue against them [Nick Cohen]
City of Inglewood, Calif. sues for copyright infringement over videos by critic of Mayor Butts [CBS L.A., Volokh, Paul Alan Levy]
“Department Of Justice Uses Grand Jury Subpoena To Identify Anonymous Commenters on a Silk Road Post at Reason.com” [Ken White/Popehat, Wired, Scott Greenfield]
Bans on the singing of sectarian songs, as in the Scotland case mentioned here recently, are perhaps less surprisingly also a part of law in Northern Ireland [Belfast Telegraph, BBC] UK government “now arresting and even jailing people simply for speaking their minds” [Brendan O’Neill]
Broad “coalition of free speech, web publishing, and civil liberties advocates” oppose provisions in anti-“trafficking” bill creating criminal liability for classified ad sites; Senate passes bill anyway by 99-0 margin [Elizabeth Nolan Brown; more from Brown on bill (“What, you mean grown women AREN’T being abducted into sex slavery at Hobby Lobby stores in Oklahoma?” — @mattwelch), yet more on trafficking-panic numbers]
Group libel laws, though approved in the 1952 case Beauharnais v. Illinois, are now widely regarded as no longer good law, but a Montana prosecutor doesn’t seem aware of that [Volokh] No, let’s not redefine “incitement” so as to allow the banning of more speech [Volokh]
Supreme Court’s ruling in Elonis, the “true threats on Facebook” case, was speech-protective but minimalist [Ilya Shapiro, Orin Kerr, Ken White, Eugene Volokh]

Tags: advertising, copyright, Europe, free speech, hate speech, Montana, online speech, subpoenas, trafficking, United Kingdom, YouTube

Free speech roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Law enforcement for profit roundup

Walter Olson — Fri, 20 Mar 2015 04:05:38 +0000

Missouri law incentivizes local ticket-writing, Illinois not so much. Guess how municipalities respond? [Jesse Walker] “Ferguson’s Court Fine Scandal Arose Because Of Its Bloated Government” [Scott Beyer; earlier on fines and fees in Ferguson here, here, here, here, here, here, here, etc.] “Nassau’s top cop orders retraining of officers who write fewest tickets” [Newsday via @GoLongIsland]
Maryland House passes forfeiture reform 81-54, with nearly all GOPers voting against the property rights side [my Free State Notes post, Maryland Reporter and more (Baltimore County Del. and former police officer John Cluster “said he hadn’t seen a single case of abuse in his time”), Jason Boisvert]
“Quiet change expands ATF power to seize property” [Adam Bates, Cato]
Meanwhile on the civil side, hedge funds place heavy bets on litigation finance [Paul Barrett, Business Week]
In news that will surprise few libertarians, debt collection on behalf of government agencies is fraught with problems [CNN project overview links to individual stories]
Among its numerous other problems, pending “human trafficking” bill would establish a fund to cycle fines back to law enforcement and victim advocates [Elizabeth Nolan Brown, Reason]
Investigation into forfeiture in Indiana [Indianapolis Star]

Tags: debtor-creditor law, forfeiture, Illinois, law enforcement for profit, litigation finance, Long Island, Maryland, Missouri, petty fines and fees, trafficking

Law enforcement for profit roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Police and prosecution roundup

Walter Olson — Mon, 09 Feb 2015 05:05:24 +0000

Judge chides Montgomery County, Md. police for “unlawful invasion” of family’s home [my new Free State Notes post]
As more offenses get redefined as “trafficking,” state extends its powers of surveillance and punishment [Alison Somin on pioneering Gail Heriot dissent in U.S. Commission for Civil Rights report; Elizabeth Nolan Brown/Reason on legislative proposals from Sens. Portman and Feinstein] Proposal in Washington legislature would empower police to seize/forfeit cars of those arrested for soliciting prostitutes, whether or not ever convicted [Seattle Times]
Progressives and the prison state: “most of the intellectual and legal scaffolding of the contemporary American carceral system was erected by Democrats.” [Thaddeus Russell reviewing new Naomi Murakawa book The First Civil Right: How Liberals Built Prison America]
Here comes the next verbal conflation with negative implications for defendants’ rights, “traffic violence” [Scott Greenfield]
Please don’t pay attention to what goes on inside Florida prisons, it would only spoil your day [Fred Grimm, Miami Herald via Radley Balko]
Trouble in California: “U.S. judges see ‘epidemic’ of prosecutorial misconduct in state” [L.A. Times, Ronald Collins/Concurring Opinions, video from Baca v. Adams with Judges Kozinski, Wardlaw, W. Fletcher, earlier on California Attorney General Kamala Harris and Moonlight Fire case] But will Ninth Circuit’s strong words change anything? [Scott Greenfield including updates]
“Plea Bargaining and the Innocent: It’s up to judges to restore balance” [U.S. District Judge John Kane]

Tags: California, crime and punishment, Florida, Kamala Harris, Maryland, Ninth Circuit, prisoners, prosecutorial abuse, traffic laws, trafficking, Washington state

Police and prosecution roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Great moments in immigration law

Walter Olson — Tue, 08 Jul 2014 15:52:34 +0000

When a near-unanimous Congress came together in 2008 to pass something with the moralistic, self-congratulatory name of the “William Wilberforce Trafficking Victims Protection” Act, we should have braced ourselves for major, unintended, un-humanitarian consequences. And here they are. [Alex Nowrasteh, The Hill]

More: Now that the Wilberforce Act’s moral posturing has led to more actual trafficking, activist groups (see their open letter) are pressuring the White House not to fix the law [Charles Lane, Washington Post] “Congress likes to put fancy titles on its legislative handiwork, but they should probably just call everything the Law of Unintended Consequences, especially immigration bills.”

Tags: immigration law, names of laws, trafficking

Great moments in immigration law is a post from Overlawyered - Chronicling the high cost of our legal system

Maryland roundup

Walter Olson — Sat, 17 May 2014 13:05:43 +0000

Civil libertarians won victories last term in restraining open-ended use of police surveillance, search and seizure: access to emails and social media postings older than six months will now require warrant, as will location tracking; new restrictions also placed on use of automatic license plate reading system data [ACLU 2014 policy report]
Bill that would have banned weapons on private school grounds, whether or not the school itself had objection, failed to make it out of committee [SB 353, earlier here, here]
Judge overturns state union’s takeover of Wicomico County teacher’s association [Mike Antonucci, more]
Vague definitions of “trafficking” + asset forfeiture: what could go wrong with Del. Kathleen Dumais’s plan? [Reason, WYPR “Maryland Morning”, more (legislative agenda of “trafficking task force”)]
In his spare time, Maryland Commissioner of Labor and Industry Ronald DeJuliis apparently likes to engage in urban beautification of the sign removal variety [Baltimore Sun, Quinton Report, Daily Record (governor’s office considers criminal charges against appointee “personal” and relating to “after hours”)]
Behind the controversy over Rockville firearms dealer’s plan to offer “smart gun” [David Kopel]
Baltimore tightens curfew laws, ’cause criminalizing kids’ being outside is for their own good [Jesse Walker, followup]
In Montgomery County, police-union demands for “effects bargaining” were a bridge too far even for many deep-dyed liberals, but union hasn’t given up yet [Seventh State]

Tags: Baltimore, forfeiture, Fourth Amendment, guns, Maryland, police, police unions, trafficking

Maryland roundup is a post from Overlawyered - Chronicling the high cost of our legal system