From Nava v. Safeway, Inc. (Cal. Ct. App. July 31, 2013), an interesting illustration of what can happen under statutes protecting private employees against employer retaliation based on the employees’ political speech or beliefs: Defendant Safeway, Inc. …, a large supermarket chain, frequently displayed thematic posters in its stores and distribution centers as a way […]
Archive | August, 2013
Down the Memory Hole?
From Martin v. Hearst Corp. (D. Conn. Aug. 5, 2013): Plaintiff Lorraine Martin was arrested in 2010. At the time, local media outlets ran articles on news websites and in print accurately reporting that she was arrested [for possession of narcotics, drug paraphernalia, and marijuana -EV]. She now sues the owners of those media outlets, […]
Today’s Argument in United States v. Cannon
While I am reprising themes from prior posts, I thought I would also note that the Fifth Circuit heard argument today in United States v. Cannon, a case on the constitutionality of the Matthew Shepard Hate Crime Prevention Act — whose justification under the Thirteenth Amendment I discussed here. Josh Blackman has a detailed account […]
Second Thoughts on Civil Unions and Federal Law
Last week, I had a post that was skeptical of the claim that current law requires the federal government to recognize state civil unions as marriages. Reading through this brief recently filed by the state of New Jersey, I am no longer so sure. (The brief is a defense of New Jersey’s civil union law […]
Should We Boycott the Sochi Olympics?
Gay rights advocates such as actor Harvey Fierstein are calling for a boycott of the 2014 Winter Olympics in Sochi, Russia, over Russia’s highly repressive new law banning “homosexual propaganda,” any speech that equates the social status same-sex relationships with heterosexual ones. Others argue that the West should not boycott the Olympics, but should instead […]
Amazon’s Bezos to Buy Washington Post
The Washington Post reports that the paper and associated media properties will be sold to Amazon CEO Jeff Bezos.
New Yorker Article on Asset Forfeiture Abuse
By Ilya Somin on August 5, 2013 4:31 pm in Asset Forfeiture, Due Process Clause Property Rights, Property Rights
The New Yorker has an interesting article on asset forfeiture abuse, describing how law enforcement authorities routinely use it to seize property from people who have never been convicted of any crime, and often have not even been charged: On a bright Thursday afternoon in 2007, Jennifer Boatright, a waitress at a Houston bar-and-grill, drove […]
Brady Campaign Lawsuit Against Armslist Dismissed
The decision is Vesely v. Armslist, LLC (N.D. Ill. July 29, 2013) (thanks to the Media Law Resource Center for the pointer). Here’s the Brady Campaign’s theory: On April 13, 2011, Jitka Vesel, a 36-year-old immigrant from the Czech Republic was shot and killed by Demetry Smirnov, a Russian immigrant residing in Canada who had […]
Our Extremely Messed Up Copyright System: Item 137
Sometimes, it is difficult to explain to people the very substantial downside of a copyright (or other IP) regime. Paul Heald’s new study, reported on here (“The Hole in Our Collective Memory: How Copyright Made Mid-Century Books Vanish”) should help on that score. As the Atlantic’s headline puts it: “A book published during the presidency of […]
“I ♥ boobies (KEEP A BREAST)” Breast Cancer Awareness Bracelet Protected by First Amendment in Junior High School
So holds B.H. v. Easton Area School Dist. (3d Cir. Aug. 5, 2013). Here’s the Introduction (some paragraph and numbered list breaks added): Once again, we are asked to find the balance between a student’s right to free speech and a school’s need to control its educational environment. In this case, two middle-school students purchased […]
Durbin Amendment Decision — Good Law, Bad Policy
Last week, a federal district court threw out a regulation implementing the so-called Durbin Amendment to the Dodd-Frank financial sector reform law. This amendment imposes limits on the fees banks and other issuers may charge merchants for the use of debit cards. The amendment is bad policy, for reasons Todd Zywicki explained here. Likely because […]
Diocese Creditors (Mostly Abuse Victims) Can’t Access $50 Million in Catholic Cemetery Trust Assets, Because of the Religious Freedom Restoration Act
So holds last week’s district court decision in In re Archdiocese of Milwaukee (E.D. Wis. July 29, 2013). I’m skeptical about this result. I do think that the Religious Freedom Restoration Act should be read to apply to such federal litigation, and it may well be that requiring a church to pay funds that it […]
Congress Will No Longer Be Upset with the PPACA as It Applies to Them
Last week, the NYT reported on how members of Congress and their staff were upset that they would be required to obtain health insurance within insurance exchanges without financial support from their employer. Not to worry. On Thursday, Politico reported that the President has encouraged the federal Office of Personnel Management to find a solution. Accordingly, OPM […]
The Costs of Delaying the Employer Mandate
Just before the July 4 holiday, the Obama Administration announced that it had decided to delay enforcement of the PPACA’s employer mandate, despite the lack of clear legal authority for this move. I discussed some of the implications of this decision here. Last week, the CBO released its initial assessment of this decision. According to […]
The Fiduciary Foundations of Federal Equal Protection
By David Kopel on August 4, 2013 3:46 pm in Constitutional Amendments, Constitutional History, Constitutional Law, Constitutional Theory, Education, Equal Protection, Fifth Amendment, Fourteenth Amendment, Originalism, Supreme Court
Does the federal government have to adhere to the equal protection of the law? President Andrew Jackson certainly thought so. He vetoed in 1832 the recharter of the Second Bank of the United States, and based his veto message on constitutional grounds–among them, that the Bank was special interest legislation, created not for good of […]