If any of you happen to find yourself in New Haven CT on Friday, I’ll be giving a talk on “How Can we Defend Free Speech on the Internet?” at the Yale Law School at 12:15 PM — details here. And in what will surely be a more interesting and aesthetically pleasing event, my son […]
Archive | 2010
The FCC and the Internet:
Yesterday, as you are probably aware, the DC Circuit, in a unanimous opinion, held that the FCC’s action in 2008 — ordering an Internet Service Provider (Comcast) to stop interfering with its customers’ use of peer-to-peer networking applications — was ultra vires and unsupported by any statutory grant of authority to the agency. The decision […]
Court Strikes Down Military Base’s Ban on Anti-Islam Car Decals
The case is Nieto v. Flatau (E.D.N.C.), decided a week ago. Camp Lejeune policy banned the display of “extremist, indecent, sexist or racist” messages on cars. Mr. Nieto had been required to remove from his car an “Islam = Terrorism” decal, a “Disgrace My Countries [sic] Flag and I will SHIT On Your Quran” decal, […]
Where, According to Tort Law, Should Accused Criminals and Ex-Convicts Live?
The Kansas case where a university — as landlord — was held potentially liable for not evicting a dorm resident who was accused of raping a fellow resident raises a broader question: Where should accused criminals (whose criminal cases are still pending) and ex-convicts (who have been released from prison) live, at least so far […]
“Up from Slavery”
An excellent article in Reason by David Boaz, Executive Vice President of the Cato Institute, and one of the leading libertarian figures in the country today. An excerpt: For many libertarians, “the road to serfdom” is not just the title of a great book but also the window through which they see the world. We’re […]
Scrambling Scrabble
Mattel, the maker of Scrabble, is changing the rules to permit the use of proper nouns for a new edition of the game. For traditionalists, Mattel will also continue to sell games with the old rules.
Upcoming Talks
I usually forget to post information about upcoming talks, but not this time. Here are some of the programs in which I’ll be participating over the next few weeks. Ohio Northern University Claude Pettit College of Law – A debate with Professor Bradford Mank of the University of Cincinnati on “Environmental Protection: Government Regulation vs. […]
New Institute for Justice Report on Asset Forfeiture
By Ilya Somin on April 6, 2010 11:10 pm in Asset Forfeiture, Due Process Clause Property Rights, Property Rights
The Institute for Justice, a prominent libertarian public interest law firm, has an important new report detailing the many abuses of property rights in the asset forfeiture system. Here are a few of the key findings: In most states and under federal law, law enforcement can keep some or all of the proceeds from civil […]
What Should Landlords Do If a Tenant Is Accused of a Violent Crime?
I just ran across Nero v. Kansas State Univ., a very interesting 1993 Kansas Supreme Court case that I excerpt below. My question: Say that you’re a landlord in Kansas, and you learn that a tenant of yours is accused of a violent crime (rape, assault and battery, and the like), of a sort that […]
Creative Writing Assignment
A few weeks ago, I was walking in the Miami airport, and I found a green business card on the floor (I’ve changed the names). The front of the card announced J&P Tree Service. The card belonged to Guillermo “Steve” Smith. On the otherwise blank back of the card was a handwritten note, in black […]
Add Bad Ethics to the Problems of “Don’t Ask, Don’t Tell”?
By Dale Carpenter on April 6, 2010 5:29 pm in Afghanistan, Don't Tell (DADT), Executive Branch, Military, Sexual Orientation
My colleague Richard Painter, former chief ethics counsel to President Bush, thinks so because it “institutionalizes dishonesty.” Last fall, he sent a letter outlining his concerns to President Obama, whose administration has been lumbering toward pushing for a congressional repeal. “It is the only instance I know of,” writes Painter, “in which an employee of the United States government […]
Orin’s Blog Post Cited in Sixth Circuit Majority Opinion
See United States v. Everett, p. 12. This is one of the few appellate decisions that I know of that cites a blog, other than Sentencing Law & Policy (the undisputed champion of this field, which has been cited at least 10 times by appellate decisions). Congratulations, Orin!
Competing Explanations for the Oppressive Nature of Socialism
Economist Bryan Caplan has an interesting post summarizing three competing explanation for the oppressive nature of socialist regimes: Lord Acton and F.A. Hayek have inspired the two most popular explanations for the crimes of actually-existing socialism. While Acton never lived to see socialists gain power, their behavior seems to perfectly illustrate his aphorism that, “Power […]
“Church-Owned Cow”
Not a phrase you hear often, but I came across it in the syllabus for Hornsby v. Corporation of Presiding Bishop of Church of Jesus Christ of Latter-Day Saints, 758 P.2d 929 (Utah App. 1988): “Motorcyclist sued church and farm workers for injuries sustained when motorcyclist attempted to avoid collision on a public highway with […]
Dartmouth Trustee and Alumni Elections End April 7:
Dartmouth’s election for trustee and Executive Committee of the Association of Alumni concludes on April 7. I voted for Joe Asch and explained my reasons for doing so here. His website is here. I also voted for the petition slate in the Executive Committee election headed by Michael Murphy. Their website is here. If you […]