Skip to content

Richard Cordray Is the Latest Symptom

While we were away on the holiday break, President Obama used his constitutional authority to appoint Richard Cordray as the director of the new Consumer Financial Protection Bureau (CFPB). There are certainly some questions about the degree to which the Senate’s pro forma sessions permitted (or did not permit) President Obama to exercise his interim appointment authority. But there’s an even bigger question, here. Why did he have to resort to an interim appointment?

Read more

The Legacy of Stephen Lawrence and The Los Angeles Riots

This post considers the legacy of the Los Angeles Riots and the Stephen Lawrence murder in the United Kingdom. It argues that despite initial steps taken to address the institutional racism which was so prominent in both incidents, little concrete progress has been made in the intervening years. It also addresses some of the recent consequences of this inaction.

Read more

Adventures in municipal licensing

For the next three weeks, I’ll be doing a clinical with the New Orleans City Law Department, which involves a deep dive into the city’s licensing regime. I’ll try to share some of the more entertaining things I’ve gleaned from my work and see what sorts of insights it might give for larger liberal policy.

In New Orleans, the city code thankfully ensures, in a single sentence, that bread flour not be mixed with any “unwholesome, deleterious substance.” There’s a little added definition, but decisions about what constitutes such a substance seem to be left up to the health inspector’s discretion. In the next three sections, the code specifies, in painstaking detail, not just the materials that the paper wrapping the bread must be made of, but the weight of the paper, and the minimum number of loaves that can be delivered to a restaurant while wrapped in this paper. Based on their relative treatments in the text, it seems like the New Orleans city council that passed these laws though that the paper needed to be more strictly regulated than what actually went into the bread.

Such weirdly specific regulation can be detrimental to the cause of positive government regulations. Read more

Free Expression: Five Questions with Jack Balkin

If you build censorship requirements into the infrastructure of free expression, you shouldn’t be surprised if governments start using them more expansively and more frequently. That’s because, to put it bluntly, government officials can almost always find a good reason to limit access, to filter and to block. We’re not China or Iran, but that’s all the more reason not to start going down the same road.

Read more

Are LGBT Persons in the Military more deserving of Equality Rights?

This post looks at the issue of sexual orientation and military service. It observes that many people feel LGBT service men and women are particularly deserving of equality rights because they have given service to their countries. The post argues that this is flawed logic and could be dangerous if taken to its logical conclusion. LGBT individuals are not entitled to equality because they have served their country. They are entitled to equality because they are equal with all other persons.

Read more

Possibilities for the Future of the ICC with Fatou Bensouda

Although new prosecutor-elect Fatou Bensouda of the International Criminal Court is already facing veiled criticism, there are high hopes for her term, when it begins in a few months.

Read more

NCLB is Ten Years Old, But Measuring Educational Effectiveness is Still No Easy Task

After ten years of No Child Left Behind, what lessons have we learned about assessing the effectiveness of public education?

Read more

Iowa By Eight

Last night the Iowa caucus gave the GOP field its first official feedback of the primary season. The night brought a technical winner, a last minute surge, and two candidates either dropping out or reconsidering their bids. Mitt Romney edged out Rick Santorum by a mere eight votes to win.

Read more

California’s Redistricting Scheme Creates Nervous Incumbents

Sometime this year, states will have redrawn their congressional districts to reflect population changes. How each state draws its districts is a matter of state law and necessarily varies by state. It’s also a matter of political scheming, as drawing electoral districts is one way that representatives can game the electoral system, ensuring that some people get reelected, certain groups’ electoral power is diluted, or a particular party remains in power forever. Last decade gerrymandering created districts that skewed heavily Democratic or heavily Republican, entrenching one party in one district. Fed up with this, voters used California’s ballot initiative system to change the way districts were drawn. Proposition 11, passed in 2008, took redistricting power away from the legislature and placed it in the hands of a non-partisan group of retired judges and other people generally believed to be above the partisan fray. However, during the public comment period, some Democratic incumbents created astroturf groups designed to look after their interests.

Read more

SEC Fights for Its Right to Go Easy on Big Banks

A federal judge spent the holiday season arguing with the SEC over its proposed settlement with Citigroup, which is accused of dumping risky assets on unwitting investors. Judge Jed Rakoff rejected the agency’s settlement in November and says the settlement doesn’t require Citigroup to admit or deny the allegations, even though the company is accused of knowingly misleading investors. Rakoff was right to reject the settlement. The public must learn all it can about the roots of the financial crisis. A trial or admission of wrongdoing would help ensure markets that when companies mislead investors, they will be punished. Congress and the President should ensure that the agency has a clear mission and enough resources for tougher enforcement. Congress should consider making the agency more accountable to political leaders.

Read more