Added on 30 July 2010
by Carolyn Homer
30 July 2010 @ 4:18 pm
Opponents of net neutrality, including the Competitive Enterprise Institute, have pointed to numerous grounds upon which the detrimental scheme could be challenged. These include its deterrent effect on investment, its unsatisfactory grounding in FCC statutory authority, and that it violates the First Amendment.
A forthcoming paper from Boston College Law Professor Daniel Lyons offers an even stronger basis for challenge: The Fifth Amendment. Under Prof. Lyons’s theory, net neutrality would run afoul of eminent domain. It would constitute a regulatory taking, requiring just compensation.
Under Supreme Court precedent, any governmental regulation that results in “permanent, physical occupation” of private property constitutes a per se taking. This is true even where the government itself is not doing the occupying. If the government grants…
by Richard Morrison
29 July 2010 @ 6:03 pm
A recent report by the National Oceanic and Atmospheric Administration, which has received wide media attention, has come to the conclusion that evidence for anthropogenic global warming is “undeniable.” This has, of course, been seized on by alarmists as confirming that all of their proposed solutions to future warming must…
by Ryan Young
29 July 2010 @ 1:02 pm
One of the worst parts of the current health care system is its sheer complexity. Because most of the payments are made by third parties, the paperwork burden is enormous. Co-pays, deductibles, ever-shifting networks, and so on.
Unfortunately, that complexity is about to get a lot worse because of this year’s…
by Hans Bader
29 July 2010 @ 11:58 am
In response to a lawsuit by the Obama Justice Department, a federal judge appointed by Bill Clinton has enjoined parts of Arizona’s new law cracking down on illegal immigrants, finding them to be “preempted” by federal law. While most parts of Arizona’s law are unwise (like its citizen suit provision), the claim that…
by Michael Fumento
29 July 2010 @ 10:53 am
It’s a tort reform advocate’s dream–meaning a defendant’s worst nightmare.
As I write in my Forbes.com article, “California Trial Lawyers Find A Geezer Goldmine,” the class action suit was based entirely on wording so tortuous that the nine members of the Supreme Court would have 10 different interpretations. An earlier case…
by Hans Bader
28 July 2010 @ 12:46 pm
Mississippi Attorney General Jim Hood has a truly awful record, as today’s Wall Street Journal notes, citing his links to trial lawyers who tried to bribe a judge, and his dishonest attempts to deny those links.
CEI recently rated the nation’s worst state attorney generals, but it only listed the six worst, which didn’t include Hood. Hood clearly would make a list of the top ten worst state attorney generals, though. (CEI once issued such a top-ten list, back in 2007, which Hood narrowly avoided making. Here’s that list, and my here’s my op-ed describing the worst three attorneys general on that list, Richard Blumenthal, Bill Lockyer, and Eliot Spitzer.)
The six worst attorney generals this year are (1) Jerry Brown (California), (2) Richard…
by Ryan Young
27 July 2010 @ 10:56 pm
The Hill:”Senate fails to advance campaign finance bill”
The First Amendment: “Congress shall pass no law… abridging the freedom of speech.”
Good news for anyone who wants to engage in political speech. But how sad that this happened because of politics, not principle.
It was mostly Democrats who favored the DISCLOSE Act. And…
by Angela Logomasini
27 July 2010 @ 3:02 pm
Today, CEI sent a letter to all members of Congress regarding H.R. 5034. This is the bill that would allow states to impose a host of regulations that could impede commerce of wine, including direct shipping to consumers. Details and a link to the letter can be found in our…
by Ryan Young
27 July 2010 @ 2:49 pm
Bob Russ is 66 years old. Last weekend, he and his wife went to the Oregon Brewer’s Festival in Portland. Or rather, they tried to. He was denied entry. The reason? He was unable to prove that he was over 21 years old. At 66, Mr. Russ is Medicare-eligible.
In a…
by Hans Bader
26 July 2010 @ 7:13 pm
The nation’s worst state attorney generals use lawsuits as a weapon to redistribute billions of dollars from businesses and consumers to their wealthy trial-lawyer friends and their political cronies, as I document in a recent study.
They also fail to perform their most basic job duties, like defending state agencies and state laws against politically-motivated left-wing lawsuits.
The list of the nation’s worst state attorneys general can be found at this link. The list is topped by California’s Jerry Brown, Connecticut’s Dick Blumenthal, and Oklahoma’s Drew Edmondson.
I explain why California Attorney General Jerry Brown is the nation’s worst state attorney general at this link.
The grades the worst attorney generals got are listed at the bottom of this link.
Earlier, I described the misdeeds of some memorably…
by Christine Hall
25 July 2010 @ 11:02 am
The Mad Men return this Sunday night! That would be AMC’s saga of the glam Madison Avenue advertising agency world of the early-to-mid-1960s. It is a look back to a bygone, politically incorrect era that, to this day, exerts much influence on culture and politics. The show offers us a window to the past - the era of the Beatles, the Civil Rights Act, and the pivotal Johnson/Goldwater presidential election. Looking back, we can see how far we’ve come, culturally and politically- and also what we’ve lost along the way.
Glamor. The show portrays the lives of a handful of troubled, impeccably-dressed characters who booze, smoke, schmooze, and sex all day and night. While engaged in such titillating behavior, the men all wear…
by F. Vincent Vernuccio
23 July 2010 @ 8:08 pm
The Dodd–Frank Financial Regulation Bill, which President Obama signed today, created yet another Czar to head yet another Executive Agency, the soon to be formed Bureau of Consumer Financial Protection. Both the AFL-CIO and the SEIU have lobbied the administration to appoint Elizabeth Warren, a Harvard law professor who was one of the main architects of the Bureau as its head. Warren was also the chair of the Congressional Oversight Panel in charge of evaluating how effectively the TARP money was spent.
A senior source within the SEIU told the Huffington Post, Union “President Mary Kay Henry will ‘raise the point that Elizabeth Warren would be an excellent head of the newly created Consumer Protection Agency’ in private talks with Treasury…
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