- In Utah prairie dog case, federal judge finds Endangered Species Act regulation of intra-state property impacts exceeds scope of enumerated federal powers [Jonathan Adler, Evan Bernick, Jonathan Wood/PLF] Certiorari petition on whether economic considerations should enter into ESA measures on behalf of delta smelt in California [Ilya Shapiro and Trevor Burrus]
- “While Smart Growth as a whole is maligned by some advocates of the free market, many Smart Growth tenets are actually deregulatory.” [Emily Washington, Market Urbanism; related, obnoxious-yet-informative Grist]
- Economic logic should be enough to halt suburban Maryland Purple Line, but if not, says Chevy Chase, hey, let’s find a shrimp [Washington Post; Diana Furchtgott-Roth on economics of Purple Line]
- SCOTUS should review Florida-dock case in which lower courts held property rights not “fundamental” for scrutiny purposes [Ilya Shapiro and Trevor Burrus]
- “The Problem of Water” [Gary Libecap, Cato Regulation]
- Paul Krugman and others hyped the rare earth crisis. Whatever happened to it? [Alex Tabarrok]
- Louisiana judge strikes down state law prohibiting levee boards’ erosion/subsidence suit against oil companies, appeal likely [New Orleans Times-Picayune]
- Was California workers’ comp claim against NFL by former Tampa Bay Buccaneer-turned-P.I.-lawyer inconsistent with his mixed martial arts prowess? [Tampa Bay Times, Lakeland Ledger, earlier and more on California workers’ comp and professional football]
- Salt Lake City’s $6,500 stings: “Secret Shopper Hired to Punish Lyft & Uber Actually Prefers Them” [Connor Boyack, Libertas Institute]
- Are libertarians undermining public accommodations law? (If only.) [Stanford Law Review, Samuel Bagenstos and Richard Epstein via Paul Horwitz]
- Why NYC is losing its last bed and breakfasts [Crain’s New York via @vpostrel]
- U.S. continues foolish policy of restricting crude oil and gas exports, time for that to change [David Henderson first and second posts]
- So it seems the New York Times is now committed to the theory that Toyotas show mechanical unintended acceleration;
- OK, the future Kansas politician was at the strip club strictly on attorney business when the police arrived. Was he billing? [Politico]
- Enviro activists unlawfully block coal ship, Massachusetts prosecutor expresses approval by dropping charges [James Taranto, Jacob Gershman/WSJ Law Blog, ABA Journal]
- Unfortunately-named Mr. Threatt charged with “robbery that happened while he was in jail” [Baltimore Sun via @amyalkon]
- “How conservative, tough-on-crime Utah reined in police militarization” [Evan McMorris-Santoro, BuzzFeed] More: What if we needed it someday? San Diego Unified School District defends acquisition of armored vehicle [inewsource.org] And Senate hearing [AP]
- “Machine-based traffic-ticketing systems are running amok” [David Kravets, ArsTechnica]
- Thanks, Fraternal Order of Police, for protecting jobs of rogue Philadelphia cops who could cost taxpayers millions [Ed Krayewski; related earlier]
- Study: returning from 6- to 12-person juries could iron out many racial anomalies at trial [Anwar et al, Tabarrok]
- Courts can help curb overcriminalization by revitalizing rule of lenity, mens rea requirement [Steven Smith]
Salt Lake City is slapping some rather hefty fines on ridesharing drivers [Salt Lake Tribune]
A Utah lawyer has been stalled on his hopes of broadcasting divorce cases on YouTube [Salt Lake Tribune]
Former Utah Attorneys General John Swallow and Mark Shurtleff were arrested Thursday on a combined 23 counts arising from a series of episodes in which the two men are said to have accepted cash and favors from persons with business dealings with their offices; Swallow is also accused of destroying and falsifying evidence to cover up dealings with a now-deceased entrepreneur from whom he had allegedly accepted $17,000 in gold coins. The two men, both Republicans, say they are innocent and expect to be vindicated. The Salt Lake Tribune’s coverage saves the Harry Reid angle for paragraph 19; the Las Vegas Review Journal gives it more attention, emphasizing Reid’s strong denial of any wrongdoing. Unrelated but also depressing: a former New Mexico AG and a penny stock.
Also: Meanwhile in Pennsylvania, officials have placed plaques beneath portraits of four lawmakers in the state capitol with details of their eventual criminal convictions. I have more details in a Cato post.
Last month I wrote about a strangely aggressive FBI raid on the rural Indiana home of a retiree locally famous for collecting artifacts and curios from around the world. In a piece written then but overlooked by me at the time, Radley Balko puts this in the context of equally aggressive armed enforcement raids on Indian artifact collectors in Florida and Utah, resulting in ruin for many defendants and, according to the reporting, at least four suicides of persons under investigation. Balko:
I remember collecting arrowheads as a kid. Depending on the state and the land on which you’re finding them, that in itself may or may not be legal today. Some states began banning the practice decades ago. But the laws were rarely enforced, and when they were, authorities targeted people stealing from preserved sites or tribal lands, or selling high-dollar artifacts.
No more. Under the phalanx of state, federal, and tribal laws, it may be a felony not only to buy and sell some manmade artifacts, but also to remove them from the bottoms of creek beds or dig them from the dirt. Most of the people busted in the Florida raids were hobbyists. And it’s conceivable that some of them had no idea they were breaking the law — though it also seems likely that some probably did.
A New Jersey judge has ruled that a mother-to-be doesn’t have to notify the estranged unwed father that she is going into labor or let him into the delivery room [ABA Journal] Meanwhile, a suit filed on behalf of unwed fathers is challenging Utah’s adoption laws, which they say improperly enable mothers from out of state to visit Utah for purposes of depriving unwed fathers of rights of notification or objection they would otherwise enjoy under their home state’s law [Salt Lake Tribune]
- New insight into Shaken Baby Syndrome (SBS) casts doubt on criminal convictions [Radley Balko, earlier here, etc.]
- “The Shadow Lengthens: The Continuing Threat of Regulation by Prosecution” [James Copland and Isaac Gorodetski, Manhattan Institute]
- Police busts of “johns” thrill NYT’s Kristof [Jacob Sullum, earlier on the columnist]
- Sasha Volokh series on private vs. public prisons [Volokh]
- “Police agencies have a strong financial incentive to keep the drug war churning.” [Balko on Minnesota reporting]
- Forfeiture: NYPD seizes innocent man’s cash, uses it to pad their pensions [Institute for Justice, Gothamist] “Utah lawmakers quietly roll back asset forfeiture reforms” [Balko] “The Top 6 Craziest Things Cops Spent Forfeiture Money On” [IJ video, YouTube]
- After Florida trooper nabbed Miami cop for driving 120 mph+, 80 officers accessed her private info [AP]
“A lesbian couple who married last week want a federal judge to throw out a lawsuit against the state and the LDS Church that listed their names without their knowledge or permission. … ‘Mr. Smay never had authorization, consent or permission from me or my wife to file a lawsuit on our behalf,’ Fowler wrote in a court declaration.” The couple had married following an unrelated ruling by a federal judge on a challenge to Utah marriage law, and had been the subject of Dec. 25 coverage in the Salt Lake Tribune newspaper, which one of the pair believes might have called them to the lawyer’s attention. [church-affiliated Deseret News, KSL, Religion Clause] For another instance in which someone complained of being named as a plaintiff in a lawsuit without their consent, see this 2007 item.
Update: court tosses suit; lawyer insists he doesn’t need couple’s permission to file suit, but other lawyers tell the Salt Lake Tribune he’s wrong.