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OpenMarket: October 2012

  • Opening brief in Ninth Circuit MagSafe appeal

    October 29, 2012
    In the In re Apple MagSafe Power Adapter Litigation, the attorneys walked away with $3.1 million, while the class got less than $1 million, and likely less than a quarter of what the attorneys got. The district court (Judge Ware in the N.D. Cal.) not only rubber-stamped the settlement while ignoring the Bluetooth precedent, but then issued an order to protect the illegitimate settlement, requiring a punitive appeal bond or the dismissal of any appeals. This deterred three of the five appellants, with a fourth being sanctioned for failing to dismiss his appeal. But Marie Newhouse, represented by me and attorneys with the Center for Class Action Fairness, held firm in her objection, and, after some delaying tactics by the plaintiffs, the opening brief was filed today, as we test...
  • The threat striking fear into the hearts of weary airline travelers everywhere

    October 27, 2012
    By Matt Patterson, On October 24th, 1978 President Jimmy Carter signed into law the Airline Deregulation Act, ending the nightmare of total government-control over air travel. But now 34 years later, just in time for Halloween 2012, a new, shadowy threat has emerged from the depths of the airline industry to strike terror into the hearts of weary air travelers everywhere. It’s – Attack of the Killer Pilots Union! The Allied Pilots Association (APA), the largest of the unions representing American Airline employees, has...
  • Today's Links: October 26, 2012

    October 26, 2012
    OPINION DEVIN LEONARD: "The Plot to Destroy America's Beer" "He examined the label. It said the beer was no longer brewed in Bremen. He looked more closely at the fine print: 'Product of the USA.' This was profoundly unsettling for a guy who had been a Beck’s drinker for more than half his life. He was also miffed to have paid the full import price for the 12-pack." HARDY GREEN: "Americans Misdirect Their Blame for Decline of Industry" "Coal miners lining up behind the Republican presidential nominee, Mitt Romney; auto workers praising President Barack Obama...
  • Regulatory Delays May Be Responsible For Slightly Better GDP Growth

    October 26, 2012
    This morning, data released by the Bureau of Economic Analysis showed third-quarter growth of gross domestic product (GDP) at 2 percent. This beat expectations slightly as, according to Bloomberg, "the median forecast of 86 economists surveyed by Bloomberg called for a 1.8 percent gain." No one was claiming this growth rate was spectacular. "Nobody expected gangbusters," conceded liberal economist Jared Bernstein, a former aide to Vice President Joe Biden, on CNBC this morning. The Associated Press piece noted that this "growth remains too weak to rapidly boost hiring, and the 1.74 percent rate for 2012 trails last...
  • PolitiFact Fixes Two Of Its Three Errors Related To The Supreme Court's Ledbetter Decision

    October 25, 2012
    PolitiFact just revised a webpage discussing the Supreme Court's Ledbetter decision that once contained an error that we discussed here and brought to PolitiFact's attention on October 17. The error was the false claim that the Supreme Court's decision in Ledbetter v. Goodyear Tire & Rubber Co. had declared that employees are barred from suing over...
  • Today's Links: October 25, 2012

    October 25, 2012
    OPINION JAMES BENNET: "Interview with Michael Bloomberg on Everything From Campaign Money to Circumcision" "I think it's government's job not to ban things but to give you information and let you make the decision. So calorie counts would do that. Portion control is a graphical or physical way of giving you information in terms of how much sugar you're consuming, and whatever. Prohibiting you from smoking in places is information -- it also, unlike these other things, is required, if you're going to protect other people from the smoker's action." NICK GILLESPIE: "The Semantics of Benghazi Don't...
  • Immigration Policy Should Strive For The "City On The Hill," Not The "Deserted Town"

    October 25, 2012
    Opponents of human movement, also known as “immigration,” argue that if the U.S. government stops forcibly preventing foreign-born people from relocating to the United States, the wages of American workers will suffer dramatically. By appealing to economic terms -- prices, wages, supply and demand -- this argument maintains the illusion of intellectual credibility that merely shouting “they’re-taking-our-jobs” lacks. The reality is the restrictionist argument -- that more workers will mean lower wages -- never makes it past Econ 101, class 1. This is because the argument ignores the “ceteris paribus” disclaimer, which says if all other things were held constant,...
  • CEI Podcast For October 25, 2012: The Changing Climate Debate

    October 25, 2012
    Director of Energy and Global Warming Policy Myron Ebell discusses his recent PBS Frontline appearance, and how the debate over global warming has shifted in the last few years.
  • Today's Links: October 24, 2012

    October 24, 2012
    OPINION MICHAEL C. OSBORNE: "Michael Shellenberger to climate activists: It’s not the end of the world" "At the core of the Breakthrough philosophy is the belief that human ingenuity will trump all of the doomsaying, allowing us to survive and adapt to a warmer world. [...] [I]t would be easy to characterize Shellenberger, Nordhaus, & Co. as climate skeptics or deniers — they are certainly quick to criticize those who predict imminent disaster. But to do so would be to oversimplify their arguments. Instead, they are trying to put climate change into a broader context — one that includes other challenges such as hunger, poverty, and access to clean energy, as well as a more realistic (in their opinion...
  • No, Billboards Denouncing "Voter Fraud" Don't Violate Constitutional "Right To Vote"

    October 24, 2012
    One of the most basic principles of constitutional law is that the Constitution only binds the government -- not private individuals -- so you can't accuse fellow citizens of violating your constitutional rights just because their actions discourage you from exercising your own constitutional rights (like someone kicking you out of a dinner party at their home because they don't like your viewpoint, which makes you more reluctant to express your views in the future). This is called the "state action" doctrine. But this basic principle of Constitutional Law 101 seems to have eluded groups like the United Steelworkers Union and Common Cause, which claim that...


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