Posts filtered by tags: Scott Shackford[x]


 

Social media law roundup

Was this an entry in a contest to draft the most unconstitutional bill? “Florida Bill Would Make It a Crime for Minors to Post Pictures of Guns on Social Media” [Eugene Volokh] “Everyone involved in politics has bad days, when one’s interests conflict with one’s ideals.” But conservatives should resist the temptation to call in government to regulate the Internet [John Samples] New Republican interest in antitrust explainable by wish to bust corporations considered unfriendly to Republicans [...
Tags: Facebook, Florida, Guns, Law, Uncategorized, Elizabeth Warren, Social Media, Antitrust, Warren, Lafayette, Eugene Volokh, Steven Greenhut, Wrong Right, Scott Shackford, Elizabeth Nolan Brown, John Samples


Unions exploit California environmental law for leverage

The California Environmental Quality Act (CEQA) and other California laws are notorious for delaying and driving up the cost of building projects. Aside from their uses for neighbors pursuing Not In My Back Yard (NIMBY) goals, the environmental laws are also employed for leverage by labor unions who threaten to invoke them “to stop new construction unless they get a cut of the action. One developer is fighting back.” [Scott Shackford, earlier on CEQA] Tags: California, environment, labor un...
Tags: Law, California, Environment, Uncategorized, CEQA, Labor Unions, Scott Shackford, Legal Extortion


Police roundup

“Twenty-five years of developments in both the law and social science show that a police command to ‘stop’ is more than a mere request for information.” Courts should handle accordingly [Ilya Shapiro on Cato amicus brief in Cisse v. New York, New York Court of Appeals] Procedures must be followed: “Murder suspect tries to turn himself in at New Orleans jail, but deputies demand proper ID” [Matt Sledge, The Advocate] New project aims to educate public on how to navigate oft-complex police co...
Tags: Google, Law, Police, Uncategorized, New Orleans, Waze, Steve Silverman, ABA Journal, Cato, Cisse, CALEB BROWN, Ilya Shapiro, Scott Shackford, Cato Research Briefs, Jonathan Mummolo, New York New York Court of Appeals


Food and paternalism roundup

“Sandwiches and main meal salads will be capped at 550 calories, ready meals will be capped at 544 calories and main courses in restaurants will be capped at 951 calories.” Guidelines from Public Health England aren’t mandatory yet, but expect U.K. government pressure on supermarkets and restaurants [Christopher Snowdon, Baylen Linnekin, Scott Shackford, Ryan Bourne] “We are not saying they can never give children a chocolate or biscuit ever again,” says the Public Health England official. ...
Tags: Law, Obesity, Uncategorized, Los Angeles, United Kingdom, Philadelphia, Public Health England, School Lunch, Soft drinks, Nanny State, Philly, Eric Boehm, Eat Drink And Be Merry, Scott Shackford, Baylen Linnekin, Caron TaxProf


"Hello, FIRST STEP Act! Goodbye, Jeff Sessions! The Year in Criminal Justice Reform"

The title of this post is the headline of this new extended Reason piece authored by Scott Shackford. I recommend the piece in full, and here is how it gets started and its headings: With the passage of the FIRST STEP Act just before Christmas, 2018 has been a banner year for incremental reforms to our awful criminal justice system. We've seen efforts to reduce levels of incarceration and the harshness of prison sentences, particularly those connected to the drug war; further legalization of ma...
Tags: Florida, Law, America, Jeff Sessions, Civil Asset Forfeiture, Douglas A Berman, Scott Shackford


Schools roundup

Social justice education: on the march and coming to a school system near you [Frederick M. Hess and Grant Addison, National Review] New wave of institutional reform litigation aims to replace democratic oversight of public schools with governance by courts, lawyers, and NGOs [Dana Goldstein, New York Times] Texas Attorney General Ken Paxton, trying to force a student to stand for the Pledge of Allegiance, ignores 75 years of Supreme Court precedent [Scott Shackford] “My Daughter’s Middle S...
Tags: Texas, Supreme Court, Law, Uncategorized, New York Times, Netherlands, Schools, Pledge Of Allegiance, Wisconsin, School Lunch, Denver, Hess, Addison, Ken Paxton, Jacob Sullum, Acton Institute


Crime and punishment roundup

“They Shared Drugs. Someone Died. Does That Make Them Killers?” [Rosa Goldensohn, New York Times in May, earlier on overdose prosecutions here, etc.] Also from May, missed this good Jill Lepore piece on rise of victims’ rights revolution, powered by both feminist and conservative impulses [The New Yorker; my comment on victim impact statements] UK: sexual assault cases collapse after prosecution shown to have held back material helpful to defense [Sky News] “The ongoing problem of conven...
Tags: UK, New York, Law, Sexual Assault, Uncategorized, New York Times, Jerry Brown, Calif, Institute for Justice, Jill Lepore, Prosecution, Radley Balko, Scott Shackford, Illegal Drugs, Rosa Goldensohn, Bail Bonds


Free speech roundup

Senators have big plans for government regulation of social media but U.S. Constitution keeps getting in way [John Samples, Cato; David McCabe, Axios, earlier] “Censorship breeds censorship envy, and that’s true of private suppression by massively influential platforms such as Facebook as well as of governmental censorship.” [John Samples, Eugene Volokh] Is it lawful for a state lawmaker to block someone on Twitter who’s publicly discussed ways of murdering him? [Dorit Reiss, PrawfsBlawg, ear...
Tags: Facebook, Twitter, Europe, London, Law, Uncategorized, Social Media, Bbc, Idaho, Aclu, Denmark, Hate Speech, Free Speech, European Parliament, Ucla, Ninth Circuit


Police and prosecution roundup

After parking lot shooting Pinellas County, Florida sheriff “claim[ed] his hands were tied by Florida’s Stand Your Ground law. But that is not true” [Jacob Sullum, Reason, more; David French, NRO] Major USA Today story on origins of Baltimore’s devastating crime and murder wave [Brad Heath; Jonathan Blanks, Cato] Related: in Baltimore’s Gun Trace Task Force police scandal, plea bargains punished the innocent [Capital News Service investigation by Angela Roberts, Lindsay Huth, Alex Mann, To...
Tags: Florida, Maryland, Guns, Law, California, Police, Uncategorized, David, New Jersey, Miami, Usa Today, Baltimore, New Times, Jacob Sullum, Maryland New Jersey, California Senate


Banking and finance roundup

Federal judge Preska of Southern District of New York rules structure of Consumer Financial Protection Bureau unconstitutional, creating split with D.C. Circuit which upheld CFPB structure; “Australia Attempts to Fight Tobacco Black Markets by Banning Large Cash Transactions” [Scott Shackford] “Restoring Accountability to the Business of Banking” [John A. Allison and Lydia Mashburn, Washington Examiner] NAM is among backers of Main Street Investors Coalition that will push back against ...
Tags: New York, Tobacco, Law, Australia, Banks, Uncategorized, Corporate Governance, SEC, Securities And Exchange Commission, CFPB, Consumer Financial Protection Bureau, Lorenzo, Bainbridge, Scott Shackford, Peter J Henning, Diego Zuluaga Cato


LADWP, SCE crews near ‘full restoration’ after blistering heat leaves thousands without power

LOS ANGELES — Power crews from throughout Southern California on Monday worked to restore power to tens of thousands of customers blacked out over the weekend as oppressive heat gripped an area from Woodland Hills to Riverside, wreaking havoc on power supplies. As of 4:30 p.m. Monday, July 9, LADWP reported crews were “nearing full restoration,” with 1,825 customers still impacted, from Canoga Park to Pacific Palisades. It was a far cry from early in the day, when the department reported about 1...
Tags: National Weather Service, News, La, Uncategorized, Los Angeles, Southern California Edison, Sport, Soccer, Orange County, Riverside County, Ucla, Southern California, Dwp, Los Angeles County, South Bay, Riverside


Crime and punishment roundup

“Lawmakers must act now to close New York’s double jeopardy loophole,” claims New York Attorney General Barbara Underwood. Its what? [Kenneth Lovett/New York Daily News, Jacob Sullum/Reason, Jed Shugerman/Slate (defending closing of “loophole”), Jonathan Blanks on Twitter, earlier] Speaking of pardon powers, Debra Saunders quotes me in column on Presidential pardons, Martha Stewart, Rod Blagojevich, Marc Rich, etc. [Las Vegas Review Journal/syndicated] “California Town Hired Private Law Fir...
Tags: New York, Law, California, Uncategorized, New York Times, Judges, Perjury, Las Vegas Review Journal, Tim Cushing, Forfeiture, Law Enforcement For Profit, Scott Shackford, John Pfaff, Jonathan Blanks, Kenneth Lovett, Double Jeopardy


“Bikini baristas hit with court brief demanding they cover up”

“Bikini baristas hit with court brief demanding they cover up”: Lucia Suarez Sang of Fox News has this report. And at Reason’s “Hit & Run” blog, Scott Shackford has a post titled “Can You Guess How Much Butt This Town Will Let You Show? Everett, Washington, continues to wage war against scantily clad ‘bikini baristas.’” Yesterday evening, I had this post about Brief for Appellant filed last Wednesday in the U.S. Court of Appeals for the Ninth Circuit.
Tags: Law, Uncategorized, U S Court of Appeals, Appellant, Everett Washington, Scott Shackford, Lucia Suarez Sang of Fox News


Schools roundup

“Wyoming: Efforts to strip state courts of jurisdiction to hear K-12 funding lawsuits reintroduced; courts could declare funding system unconstitutional but could not order more funding” [Gavel To Gavel, more on school finance litigation] Coalition of accusers’-rights groups sue Education Department demanding restoration of earlier Obama versions Title IX guidance [KC Johnson Twitter thread pointing out weaknesses in suit] “A High School Student Faces Expulsion for Noticing the Square Root Sy...
Tags: Japan, Maryland, Law, Obama, Uncategorized, Wyoming, Schools, Title IX, Southern California, Montgomery County Maryland, Scott Shackford, Disability & Schools, Adam Pagnucco, Ashly McGlone San Diego Union Tribune, Japan Maryland


Law enforcement for profit roundup

“When you find yourself threatening to find more reasons to put even more citizens in jail in order to protect your revenue stream, it’s maybe time to take a step back and think about what you’re doing.” [Scott Shackford on Alabama forfeiture debate] How IRS spent $20 million on debt collection program that generated $6.7 million in payments [Howard Gleckman, Tax Policy Center] “Federal Judge Strikes Down New York City’s Dragnet That Seized Thousands Of Cars Without Warrants” [Nick Sibilla,...
Tags: Taxes, Law, NYC, New York City, Uncategorized, Alabama, Illinois, Irs, Prisoners, Megan Mcardle, Forfeiture, Law Enforcement For Profit, Scott Shackford, J Ciaramella, Howard Gleckman Tax Policy Center, Nick Sibilla IJ Forbes


Wage and hour roundup

Among this administration’s most notable accomplishments — hurrah for Labor Sec. Alex Acosta and team — is to ditch its predecessor’s horrible overtime rules [Juliet Eilperin, Washington Post on opinion letters and internships] DoL rollback of Obama rules on tip pooling is fully justified [Christian Britschgi] “A Seattle Game-Changer? The latest empirical research further underscores the harm of minimum wage laws” [Ryan Bourne, Regulation mag] “Report: California’s $15 Minimum Wage Will Dest...
Tags: New York, Law, Obama, California, Uncategorized, Minimum Wage, Canada, Seattle, Tyler Cowen, New York State, Ontario, Cbc, David Henderson, Tim Horton, Kathleen Wynne, Siegenthaler


Free speech roundup

Florida “health coach” charges for nutrition advice, isn’t a licensed dietitian. Does she have a First Amendment defense? [Scott Shackford] Results of Russian social-media manipulation episode could include foot in door for regulation of Internet speech [John Samples, Cato] Some in Australia having trouble distinguishing “impersonation” of government from anti-government satire [Timothy Geigner, TechDirt] Before deep-pocket publications can report on sexual misconduct by persons in high pla...
Tags: Florida, Law, Sexual Assault, Australia, Parody, Uncategorized, Social Media, Ohio, Hate Speech, Free Speech, First Amendment, Georgetown University, Nadine Strossen, Scott Shackford, Timothy Geigner TechDirt, Occupational Licensure


Law enforcement for profit roundup

In Mississippi, a “mother has been forbidden from any contact with her newborn for 14 of the 18 months the child has been alive” because of unpaid misdemeanor fines [Radley Balko, WLBT/MSNewsNow; judge has now resigned, but similar practices reported to be common] Is Biloxi going to do better? [ABA Journal] “They … didn’t give it back”: outrageous tales of asset forfeiture from Alabama [Connor Sheets, AL.com] Efforts afoot in Lansing to write down nearly $595 million in unpaid Michigan driv...
Tags: Mississippi, Law, Uncategorized, Alabama, Arkansas, Ohio, Michigan, ABA Journal, Probation, Marshall Project, Biloxi, Lansing, Andrew Cohen, Alabama Arkansas, Jacob Sullum, Radley Balko


Crime and punishment roundup

Coming Oct. 18: Cato all-day conference on Criminal Justice at the Crossroads, speakers include Hon. Jed Rakoff, Clark Neily, Jeffrey Miron, Suja Thomas, Scott Greenfield, or watch online; A bail bond agent’s letter to the editor responding to my Wall Street Journal piece on Maryland bail reform; Domestic violence: Ontario Court of Appeal rules cultural differences cannot justify lighter sentence in criminal cases [Toronto Star, 2015] “Police Union Complains That Public Got to See Them...
Tags: Utah, Maryland, Law, Colorado, Police, Uncategorized, Domestic Violence, Trump, Crime And Punishment, Cato Institute, Ontario Court, Ed Krayewski, Skenazy, Scott Shackford, Police Unions, Toronto Star 2015 -RSB- Police Union


Bleeding our constitutional rights dry

The Utah police officer who arrested a nurse for refusing to allow him to draw blood from an unconscious patient without a warrant sparked righteous outrage, but many other Fourth Amendment violations deserve similar condemnation. After 43-year-old William Gray was severely injured in a head-on collision with a pickup truck that had veered into opposing traffic during a police chase, he was transported to University of Utah Hospital, where he was listed in critical condition with severe burns. T...
Tags: Utah, Opinion, Sport, Soccer, Editorials, Gray, Logan, Payne, William Gray, Jeff Payne, Scott Shackford, University of Utah Hospital, Hartney, Alex Wubbels, Wubbels, Lt James Tracy


Crime and punishment roundup

“This Massachusetts Lawmaker Wants to Throw Folks in Prison for Having Secret Car Compartments” [Scott Shackford; earlier on compartment bans here, here, and here] Traffic stops dangerous and intrusive. Why not focus them where they’re most needed? [Steve Chapman] Why is AG Sessions enabling forfeiture end runs by police around their own state lawmakers? It’s not good federalism [Natalie Delgadillo, Governing] Angling to end suit, Philadelphia offers to end use of asset forfeiture funds fo...
Tags: Law, Massachusetts, Uncategorized, Philadelphia, Department Of Justice, Rhode Island, Philadelphia Daily News, U S Department of Justice, Steve Chapman, Forfeiture, Scott Shackford, Illegal Drugs, Traffic Laws, Robert Moran, OIRA, Natalie Delgadillo


Privacy a casualty in war on opioids

Law enforcement officials in some states are seeking warrantless access to prescription databases. A New Jersey bill “would require officials to ‘certify’ that they are engaged in a specific investigation,” seeking to calm fears that enforcers will begin trawling data for people to investigate. Rhode Island Gov. Gina Raimondo has already signed a similar bill. “In California, the Supreme Court ruled recently that the state Medical Board can dig through prescription drug records without a warrant...
Tags: Supreme Court, Law, California, Uncategorized, New Jersey, Associated Press, Pharmaceuticals, Rhode Island, Fourth Amendment, HIPAA, Gina Raimondo, Scott Shackford, Illegal Drugs, Medical Board, Rhode Island Privacy


Medical roundup

Scott Gottlieb likely to steer FDA in right direction [Daniel Klein] Study of shorter versus longer medical consent forms “finds no significant difference in comprehension, satisfaction, enrollment” [Grady et al., PLOS via Michelle Meyer] C’mon, ACLU and Covington: “Lawsuit Aims to Force Catholic Hospitals Perform Transgender-Related Surgeries” [Scott Shackford] So much: “What The New York Times Gets Wrong On Vaping Regulation” [Sally Satel] “Should you be compensated for your medical ...
Tags: Tobacco, Law, Uncategorized, Hospitals, Aclu, New York Times, Fda, Medical Malpractice, Calif, Kimberly Clark, Grady, Henrietta Lacks, Scott Gottlieb, Scott Shackford, Sally Satel, Ronald Bailey Reason


January 18 roundup

Another day, another lawsuit charging a social media company with material support for terrorism. This time it’s Twitter and IS attacks in Paris, Brussels [Benjamin Wittes, Lawfare; Tim Cushing, Techdirt] More: And yet another (Dallas police officer versus Twitter, Facebook, and Google); “Woman Sues Chipotle for $2 Billion for Using a Photo of Her Without Consent” [Petapixel] “Hot-Yoga Guy and His Cars Are Missing” [Lowering the Bar, earlier] From Backpage.com to unpopular climate advocacy...
Tags: Google, Twitter, Photography, Law, California, Uncategorized, Social Media, Terrorism, Kansas, Dallas, Lawyers, ABA Journal, Hate Crimes, Twitter Facebook, Paris Brussels, Backpage


Police and community roundup

Fraternal Order of Police asks Amazon to stop allowing sales of Black Lives Matter shirts after Walmart.com yields to similar request [Ben Rosen, Christian Science Monitor] FOP boss Chuck Canterbury, defending civil asset forfeiture: hey we could use the money [Scott Shackford] FOP chief vows to override Pennsylvania governor’s veto of bill that would shield names of involved police officers for 30 days after killings of civilians [CBS Philadelphia] Technology panel from Cato policing conferen...
Tags: Amazon, Law, Police, New York City, Uncategorized, US, San Francisco, Walmart, Surveillance, Pennsylvania, Yale, Dallas, Cbs, Philadelphia, Baltimore, WSJ


After Louisiana made cops a protected group in hate-crime law

That was fast: it looks as if the first charge under Louisiana’s new “Blue Lives Matter” law was made to hang a felony rap on a man who shouted slurs at police as they escorted him to the station. Hours later, a spokesman for the New Orleans Police Department acknowledged that a sergeant at the scene had applied the hate crime law incorrectly and that the charge would be reviewed before proceeding with prosecution. [New Orleans Times-Picayune, and followup; Scott Shackford, Reason (“The release...
Tags: Law, Police, Uncategorized, New Orleans, Louisiana, Hate Crimes, New Orleans Police Department, Louisiana New Orleans, Scott Shackford


September 7 roundup

Bad Texas law requiring breweries to give away territorial rights for free violates state constitution, judge says [Eric Boehm] California’s identity theft statute bans so many more things than just identity theft [Eugene Volokh] Cato Unbound symposium on Indian Child Welfare Act/ICWA, to which I contributed, wraps up [Timothy Sandefur on sovereignty and fixes] Minnesota’s Indian foster care crisis [Brandon Stahl and MaryJo Webster, Minneapolis Star-Tribune] If you want to hear me translate...
Tags: Texas, Minnesota, Law, California, Uncategorized, Adoption, Brandon Stahl, Eugene Volokh, Eric Boehm, Timothy Sandefur, ICWA, Forfeiture, Scott Shackford, Indian tribes, Beer And Brewers


Florida voters oust Angela Corey

Florida primary voters have ousted state’s attorney Angela Corey, whose unprofessional conduct as prosecutor in the Martin/Zimmerman case and elsewhere has been a regular target of ours at Overlawyered. “The election caps a dizzying rise for [unknown challenger Melissa] Nelson and an equally shocking fall for Corey, one of the most polarizing political figures in Jacksonville history who generated national attention and enormous criticism for her prosecutions of George Zimmerman, Marissa Alexand...
Tags: Florida, Law, Uncategorized, Angela Corey, Jacksonville, Corey, Florida Florida, Scott Shackford


With SRCA now "officially" dead ... send your "thanks" to (failings of) Prez Obama and bipartisan bungling

This Real Clear Politics article, headlined "Hopes Fade for Criminal Justice Reform This Year," serves essentially as an obituary for the effort to get significant statutory federal sentencing reform done before the end of the Obama Administration. Unsuprisingly, Bill Otis is dancing on the grave of these efforts via this post at Crime & Consequences titled simple "Victory." And Scott Shackford at Reason.com has this helpful post mortem titled "Federal Criminal Justice Reform May Fail, and Every...
Tags: Law, Obama, Senate, Barack Obama, Department Of Justice, Koch, Grassley, Prez Obama, Cornyn, Mitch McConnell R Ky, Dick Durbin D Ill, Sen Sheldon Whitehouse, Sen Orrin Hatch R Utah, Mens Rea, Douglas A Berman, Scott Shackford


Dianne Feinstein’s Plans For Guns And The “Terrorist Watch List”

Remember when we said this: They will go after you by the terrorist watch list, the no-fly list, and any other assortment of executive powers and decisions and regulations and rulings.  They will never confiscate your guns.  They will prevent you from renewing your driver’s license, your hunting license, your fishing license, your professional license, your bank cards, your concealed handgun permits, and in short, all the framework you have built your entire life as a law abiding, peaceable citi...
Tags: Fbi, Military, Hamas, Dianne Feinstein, Justice Department, Second Amendment, Nra, Feinstein, Jacob Sullum, Scott Shackford