Posts Tagged ‘WO writings’

Gonna wash Salon right outta my hair

A howler-packed Michael Lind screed against libertarians and classical liberals asserts, among other tall things, that John Stuart Mill, Benjamin Constant, and Thomas Macaulay were apologists for “autocracy.” I do my bit to correct the historical record at Cato at Liberty. Meanwhile, Will Wilkinson and Jason Kuznicki challenge Lind’s gross misrepresentations of Mises and Hayek, while Damon Root and Roderick Long take on some of his other errors. Sam Schulman, on Twitter, has fun with “Michael Lind’s eccentric view of history, upon the pinnacle of which stands – Michael Lind.” And yet more: Sam Bowman, AdamSmith.org, Brad Schlesinger, Pejman Yousefzadeh.

“If I could press a button and instantly vaporize one sector of employment law…”

In a new Reason symposium on how to revitalize the American job market, I explain my answer to that question.

More: This set off a round of discussion on employment blogs including Jon Hyman (nominating FLSA for vaporization), Suzanne Boy (concur), Daniel Schwartz (leave laws), Suzanne Lucas (citing “the fabulous Overlawyered.com”), the ABA Journal, Tim Eavenson, Jon Hyman again, HR Daily Report, and Russell Cawyer. Also relevant on age discrimination laws: a June symposium in the NYT’s “Room for Debate” feature; ComputerWorld on age bias and IT.

WSJ op-ed on same-sex marriage and religious exemptions

I’ve got an op-ed in today’s Wall Street Journal on New York’s vote last Friday to legally recognize same-sex marriage. I also applaud the inclusion of protections for religious institutions (and would have favored strengthening the protections beyond the current level). The WSJ frames the discussion as “Two Views from the Right,” and they’ve got Maggie Gallagher giving the opposite side.

Book review: “The Churchills”

Not really any legal content, but I’m in the New York Times Book Review today with a review of Mary S. Lovell’s enjoyably gossipy The Churchills, a history of England’s most celebrated political family, which concentrates more on the clan’s personal entanglements than its achievements in oratory or war-making. You can read it here.

Is the Supreme Court too “individualist”?

Some academic critics say the Wal-Mart v. Dukes decision is the latest in a string of decisions in which the Court has insisted that litigants be accorded individual rather than group or batch consideration, even though “a more collectivist view,” as Connecticut lawprof Alexandra Lahav contends, would carry with it more “potential for social reform.” I take up this charge, and defend the Court, at Cato at Liberty. More: John Steele at Legal Ethics Forum, with a link to Samuel Issacharoff’s work.

Welcome Philadelphia Inquirer readers

I’ve got an op-ed in today’s Philadelphia Inquirer on the Supreme Court’s Wal-Mart v. Dukes decision. The headline (“Reining in Frivolous Class-Action Lawsuits”) is theirs; I wouldn’t use the term “frivolous” to describe the case, which after all did convince the Ninth Circuit, if not any of the Supreme nine. An excerpt:

…The misconceptions about this case begin with the identities of the real combatants. On NPR’s Marketplace this week, Slate’s Dahlia Lithwick described the plaintiffs as “1.5 million female employees of Wal-Mart who are trying to file a class-action suit.” But, of course, most of those women are not “trying” to do anything of the sort.

Rather, a relative handful of them have hired lawyers, and those lawyers daringly sought to get themselves declared the legal representatives of the other 1.496 million (or however many), who have expressed no inclination whatsoever to sue. …

The message of this ruling is simple: Employees have to prove that they have been legally wronged, not just cash in because somebody else was.

More about Wal-Mart v. Dukes here, here, and here (& welcome readers from Ira Stoll/Future of Capitalism, Jonathan Adler/Volokh Conspiracy, State Bar of Michigan blog, Omaha World Herald (editorial), Real Clear Politics, and, on the headline issue, Elie Mystal/Above the Law).