Posts Tagged ‘transgender’

May 22 roundup

  • My comment on the House-passed H.R. 5: “Proposed Equality Act would 1) massively expand federal liability in areas unrelated to sex, gender, or orientation; 2) turn 1000s of routine customer gripes into federal public-accommodations cases; 3) squeeze conscience exemptions hard. All are good reasons to oppose.” More: Scott Shackford, Elizabeth Nolan Brown, Hans Bader, and earlier here and here;
  • America is not in a constitutional crisis: “Politicians have become incentivized to declare constitutional crises because it enhances their own importance as saviors and demonizes their opponents as illegitimate.” [Keith Whittington; Vox mini-symposium with Ilya Somin and others] Mike McConnell vs. Josh Chafetz on whether the current Congressional subpoena fights are really that different from politics of the past [Jonathan Adler] Calm, down-the-middle analysis of the issues raised by the Mueller report [Cato Institute chairman Bob Levy]
  • “Mercedes Goes To Court To Get Background Use Of Public Murals In Promotional Pics Deemed Fair Use” [Timothy Geigner]
  • Bizarro sovereign-citizen notions are found in the background of more than a few serious financial fraud cases [Ashley Powers, New York Times]
  • Divestment and sanctions by state governments aimed at other U.S. states is a bad idea that never seems to go away. Now it’s being floated in Maryland, against Alabama [my Free State Notes post]
  • “A federal judge in Texas wants you to know she’s sick and tired of whiny lawyers” [Justin Rohrlich, Quartz from December, Brad Heath on Twitter; Align Technology v. ClearCorrect, Judge Vanessa D. Gilmore]

May 15 roundup

  • “Banana Costume Copyright Assailed at Third Circuit” [Emilee Larkin, Courthouse News, earlier]
  • In a new piece for The Bulwark, I sort through some comments by presidential candidate Pete Buttigieg critical of identity politics;
  • Supreme Court’s decision in Apple v. Pepper, with Justice Brett Kavanaugh joining four liberals, takes a little nick out of Illinois Brick doctrine limiting antitrust suits [my new Cato post]
  • Ninth Circuit will soon hear case in which judge ordered Idaho prison system to provide inmate with transgender surgery; I’m quoted saying lower court decision amounted to battle of the experts [Amanda Peacher, NPR/KBSX, plus followup piece (“medical necessity” not a fixed standard, definitions of cruel and unusual punishment hitched in some ways to public opinion) and NPR “Morning Edition”; audio clip]
  • “The Moral Panic Behind Internet Regulation” [Matthew Lesh, Quillette] “A Single Global Standard for Internet Content Regulation Is a Recipe for Censorship” [Jacob Mchangama, Quillette] And Jonah Goldberg on right-wing rage at social media platform moderation;
  • Some politicos in Britain engage in “‘karaoke Thatcherism’, preaching low-tax, low-regulation mantras divorced from new challenges or detail,” then falling for truly bad ideas like laws to assure real estate tenants indefinite tenure against owners’ wishes [Ryan Bourne]

May 9 roundup

  • Next sector for a boom in IP litigation: trade secrets? [Ike Brannon]
  • Creating split among federal appeals courts, Seventh Circuit rules auto-erotic asphyxiation falls under insurance policy exclusion for “self-inflicted injury.” [Volokh; Tran v. Minnesota Life Insurance Company] In its commentary, the Institute for Justice is willing to go there: “Will the Supreme Court resolve the split? Don’t hold your breath.”
  • “The county has assigned at least four prosecutors to handle the Bellevue cat case” as Miska, the most notorious cat in King County, Washington, lawyers up [KIRO, update]
  • I’m quoted in article on Supreme Court’s agreeing to consider whether 1964 ban on employment discrimination because of sex includes ban on transgender discrimination [Nicole Russell, Washington Examiner]
  • Federalist Society podcast on populist antitrust with Babette Boliek, Geoffrey Manne, William Rinehart, Hal Singer, and Joanna Tsai;
  • Did a mobile home park violate housing discrimination law by checking applicants’ lawful immigration status? Fourth Circuit ruling threatens to open “disparate-impact” floodgates Supreme Court warned of in earlier case [Ilya Shapiro and Nathan Harvey on Cato cert amicus in Waples Mobile Home Park v. de Reyes]

Does existing law ban workplace bias against gays? SCOTUS will decide

My new post at Cato covers the Supreme Court’s decision to resolve three cases in which it is argued that Title VII of the 1964 Civil Rights Act bans private workplace discrimination against gay and transgender employees. I cite a 2017 Seventh Circuit showdown on the question between Judges Richard Posner and Diane Sykes: “These philosophical divides on statutory interpretation — which of course play out every term in lower-profile cases — are likely to be on the Court’s mind next fall.” More: Jared Odessky, On Labor (rounding up commentary).

March 13 roundup

  • “Near the end of her new proposal to break up Facebook, Google, Amazon, and Apple, Senator Warren asks, ‘So what would the Internet look like after all these reforms?’ It’s a good question.” [Geoffrey Manne and Alec Stapp, Truth on the Market/CNBC]
  • Floral arrangements as constitutionally protected expression: Cato files amicus on behalf of First Amendment rights of Washington florist Barronelle Stutzman not to serve a wedding of which she disapproves [Ilya Shapiro and Patrick Moran, Washington Supreme Court]
  • “Over several months, man repeatedly threatens his next-door neighbor with profanity, racial epithets. The police investigate, warn the man to stop, and then arrest him when he does not. Eventually, the man leaves the apartment complex after the landlord declines to renew his lease. Can the neighbor sue the landlord for failing to intervene sooner? The Second Circuit says yes, the neighbor’s Fair Housing Act claims should not have been dismissed. Dissent: The FHA doesn’t say landlords can be liable for tenant-on-tenant harassment; more likely it precludes such claims.” [IJ “Short Circuit” on Francis v. Kings Park Manor, Second Circuit; Scott Greenfield]
  • Gender identity: R. Shep Melnick on where the momentum is headed among judges, regulators, and administrators [Liberty and Law]
  • Comfort for lawmakers means discomfort for taxpayers? Study finds “growth in state government expenditures in warm states was higher after the introduction of air conditioning” [Thomas A. Garrett and Natalia A. Kolesnikova, Cato Journal]
  • “Succubustic” is not a word you should probably use at all, certainly not to describe any real person, and most definitely not if you are a lawyer to describe a judge [Lowering the Bar]

International free speech roundup

Discrimination law roundup

  • New EEOC chief data officer says machine learning algorithms may soon enable agency to predict, and deploy resources against, workplace bias before it happens [Paige Smith, Bloomberg Law]
  • “The BSO, in a statement, defended its pay structure, saying that the flute and oboe are not comparable, in part because the oboe is more difficult to play and there is a larger pool of flutists.” [Geoff Edgers, Washington Post/Allentown Morning Call]
  • Even they can’t comply: “The case was ironic since the commission is charged with eliminating discrimination in Pennsylvania.” [Matt Miller, PennLive, on the Pennsylvania Human Relations Commission’s jury loss in a race discrimination complaint] “Do as they say, not as they do: employees accuse Planned Parenthood of pregnancy discrimination” [Jon Hyman]
  • Fourth Circuit: maybe Title VII doesn’t create a right to swipe files from HR [Jon Hyman]
  • Although libertarians support legalizing marijuana, they should not support laws that bar employers from discriminating on the basis of marijuana use [Jeffrey Miron, Cato]
  • “Why do women earn less than men? Evidence from train and bus operators” [Valentin Bolotnyy and Natalia Emanuel via Tyler Cowen]
  • Minnesota jury orders women’s football team and league to pay $20,000 to transgender applicant turned away [Mary Lynn Smith, Minneapolis Star Tribune]

November 7 roundup

  • Notwithstanding one-person-one-vote, some House districts do have unusually high or low populations. Main reasons: 1) Small states get rounded up or down; 2) demographics change in existing districts over 10-year Census cycle especially where new housing is being built [Hristina Byrnes, 24/7 Wall Street, I’m quoted]
  • “‘Outrageously excessive’ requests for attorney fees can be altogether denied, 3rd Circuit says” [ABA Journal]
  • Prenda copyright troll Paul Hansmeier, who also did mass ADA filings, pleads guilty to fraud and money laundering charges [Dan Browning, Minneapolis Star-Tribune via Mike Masnick, TechDirt]
  • Thread: calm, factual discussion of Department of Justice brief on Title VII and gender identity [Popehat on Twitter]
  • We’ve often discussed the high cost of the maritime-protectionist Jones Act, and now Cato has launched a Project on Jones Act Reform;
  • “Landlord, a Fairfax, Va. mobile home park, imposes requirement that all adult tenants show proof of legal residence in the country; four Latino families (four men with legal status, four women who are illegal immigrants, and 10 U.S. citizen children) face fines, eviction. A violation of the Fair Housing Act? Could be, says the Fourth Circuit (over a dissent).” [IJ Short Circuit]

University of Minnesota’s pronoun prescription

Not using someone’s preferred pronoun — “whether it’s he, she, ‘ze’ or something else” — could become a disciplinary offense, escalating up to firing and expulsion, at the University of Minnesota under a proposed policy [Maura Lerner, Minneapolis Star-Tribune] I’m quoted as saying that although protecting transgender members of its community from purposeful insult or breach of privacy is a legitimate purpose, the university is likely to fare poorly in court if it presumes to punish community members for not using new-coined gender pronouns on demand [Sarah George, The College Fix]:

“As a public institution with an educational mission to uphold, Minnesota can appropriately make some demands of its members, such as respecting norms of collegiality, refraining from insult, observing consistent standards in filling out paperwork, and so forth,” Olson told The Fix via email.

“But this does not constitute a blank check to police and punish language use generally, especially not in politically charged areas of speech, and most especially when the policy departs from viewpoint neutrality to side with some controversial views over others.”…

“Before presuming to force university members to mouth or endorse politically controversial language as a condition of keeping their jobs or remaining enrolled, the university must show that such coerced expression is essential to its functioning as an educational institution. It has not, and I suspect cannot, made such a showing,” he said.

Earlier on pronoun prescription: Canada, New York City, Oregon, more.

Schools roundup

  • Even as Washington, D.C. saddles child-care providers with new degree requirement, it leaves unenforced some of its certification rules for public school teachers [David Boaz, earlier here, etc.]
  • Mayor de Blasio plans to overhaul admission to NYC’s elite high schools. Watch out [Lisa Schiffren, New York Post]
  • On the Banks of Plumb Crazy: American Library Association removes Laura Ingalls Wilder’s name from children’s-book award [AP/The Guardian]
  • Max Eden investigation of death at a NYC school [The 74 Million] Eden and Seth Barron podcast on school shootings and discipline policy [City Journal]
  • “The Transgender Bathroom Wars Continue in State Court” [Gail Heriot]
  • Oklahoma, West Virginia, Arizona and on: are teacher uprisings justified? [Neal McCluskey and Caleb Brown]