The Open Market Blog

• By: Hans Bader
• 03/10/2008

Eliot Spitzer, the sanctimonious New York Governor and former state attorney general, has been linked to a prostitution ring. CEI earlier rated Spitzer as…

• By: Hans Bader
• 03/10/2008

Reacting to a California Court of Appeal decision declaring that there is no constitutional right to home-school one’s child, California Governor Arnold Schwarzenegger…

• By: Hans Bader
• 03/10/2008

Why on Earth should Congress bail out subprime borrowers who took out bigger mortgages than they could afford (especially since some of them exaggerated their…

• By: Hans Bader
• 03/09/2008

Washington, D.C. spends more per student in its public schools than does any state, for worse results in educational achievement than that of any state.  D.C. schools are literally falling…

• By: Hans Bader
• 03/07/2008

Congress is now so bent on overregulation that is that it’s getting a plea for restraint from George McGovern, the 1972 Democratic presidential nominee.

• By: Hans Bader
• 03/07/2008

California doesn’t think much of home-schoolers. A state court ruling recently held that a couple had no constitutional right to home-school their children, and…

• By: Hans Bader
• 03/06/2008

Apocalyptic global warming scenarios peddled by people like Al Gore seem increasingly far-fetched, as Bearing Drift notes. “A recent article from Canada’s National Post…

• By: Hans Bader
• 03/06/2008

When parents object to political indoctrination and sexually intrusive questions aimed at their children by public school officials, the courts insist that they have no…

• By: Hans Bader
• 03/05/2008

Virginia’s governor, Tim Kaine, plans to call the state legislature into special session to try to come up with new taxes to replace the…

• By: Hans Bader
• 03/05/2008

In The Washington Post, Robert Samuelson explains that the government is doing more harm than good by attempting to delay the inevitable popping of…

• By: Hans Bader
• 03/03/2008

Mississippi’s attorney general, Jim Hood, is praising a shady prosecutor who put innocent people in jail, calling him a “straight arrow.” Mississippi’s legislature…

• By: Hans Bader
• 03/03/2008

The DC Examiner editorializes against a Senate bill that would “reform” the consumer product laws by giving state attorneys general broad powers to sue…

• By: Hans Bader
• 03/03/2008

Investor’s Business Daily comments on the decision by the House of Representatives to exempt an oil company controlled by Venezuela’s anti-American leftist dictator from…

• By: Hans Bader
• 02/29/2008

The Virginia Supreme Court today struck down a state law giving unelected bodies the power to levy taxes in Marshall v. Northern Virginia…

• By: Hans Bader
• 02/29/2008

I have more posts on child-snatching by government agencies, strange sexual harassment rulings, and punitive damages for oil spills, at Point of…

• By: Hans Bader
• 02/27/2008

Government social workers have an incentive to overreact to erroneous allegations of child abuse, and take children away from loving parents, because they reasonably…

• By: Hans Bader
• 02/27/2008

The Virginia General Assembly last year voted to let counties increase their commercial property tax in order to pay for new transportation projects. The counties…

• By: Hans Bader
• 02/27/2008

The Supreme Court decided two discrimination cases this week that confirm that the Supreme Court is not “pro-business “in discrimination cases, as liberal journalists claim.

• By: Hans Bader
• 02/26/2008

Today, I have two posts at Point of Law. One is about how a recent Supreme Court decision may preempt state regulations on vehicle…

• By: Hans Bader
• 02/25/2008

American immigration law is utterly dysfunctional. Legal immigrants who fight for America in Iraq and Afghanistan wait years to become citizens. Skilled workers needed…

• By: Hans Bader
• 02/25/2008

This week, I am guest blogging at Point of Law. My first blog post is about ideological and sexual double standards, which are…

• By: Hans Bader
• 02/22/2008

The Duke lacrosse players are now suing Duke, its president, and various government officials. They were belatedly recognized as innocent after months of being…

• By: Hans Bader
• 02/22/2008

In a 6-to-3 decision, the Washington State Supreme Court has upheld a state-enforced garbage monopoly even though Washington State has a state constitutional “equal…

• By: Hans Bader
• 02/21/2008

Earlier, we wrote about a bill (S. 2045), the Consumer Product Safety Commission Reform Act, that would impose criminal penalties on company executives, and…

• By: Hans Bader
• 02/21/2008

Virginia is facing serious problems, like a budget deficit and unanticipated shortfalls in transportation funding, despite mushrooming taxes in recent years. So what…

• By: Hans Bader
• 02/20/2008

The Supreme Court has just decided three cases ruling that federal law preempts contrary or conflicting state laws. It limited the ability to…

• By: Hans Bader
• 02/19/2008

The Supreme Court has refused to revive the ACLU’s lawsuit against the government for warrantless surveillance of communications with suspected terrorists. Ironically, the ACLU’s…

• By: Hans Bader
• 02/19/2008

Harvard, my alma mater, discriminates against Asians in admissions. Asians are less likely to be admitted at any GPA or SAT score than members of…

• By: Hans Bader
• 02/18/2008

Helen Smith writes about how California privacy laws kept police from searching for potential suspects in the killing of a psychologist.  Overlawyered discusses the…

• By: Hans Bader
• 02/15/2008

To pay for transportation spending, Virginia’s legislature and governor gave regional transit authorities in Northern Virginia and Hampton Roads the power to levy a new…

• By: Hans Bader
• 02/15/2008

House leaders blocked consideration of a bill that would extend the federal government’s power to monitor overseas terrorists and communications with them from the U.S.,…

• By: Hans Bader
• 02/14/2008

Privacy deserves protection, but not to an extreme — particularly when it comes at the expense of civil liberties, public safety, and the rights of…

• By: Hans Bader
• 02/14/2008

“In a test of the American Dream, Adam Shepard started life from scratch with the clothes on his back and twenty-five dollars. Ten months later,…

• By: Hans Bader
• 02/14/2008

Ordinances that ban smoking in commercial establishments increase drunk driving fatalities, apparently by encouraging smokers who want to go out drinking to travel further…

• By: Hans Bader
• 02/14/2008

The Wall Street Journal applauds the Senate’s passage of a bill that would continue to allow the government to use warrantless wiretaps to monitor…

• By: Hans Bader
• 02/14/2008

At Hamline University, a college student who expressed conservative views on gun control and affirmative action was recently suspended and ordered to undergo a “…

• By: Hans Bader
• 02/13/2008

The District of Columbia justifies its complete ban on handguns and functional firearms (even for self-defense), which is being challenged in the Supreme Court, as…

• By: Hans Bader
• 02/13/2008

Federal and state discrimination laws have been interpreted by the courts as banning speech that creates a “hostile work environment” for members of protected classes.

• By: Hans Bader
• 02/13/2008

Sometimes an excuse for something is worse than the action itself. That's true of a recent court ruling rejecting a teenager's First Amendment challenge…

• By: Hans Bader
• 02/13/2008

President Bush just signed the so-called “stimulus” package. As we explained earlier, it will do nothing to promote economic growth, and it actually…

• By: Hans Bader
• 02/12/2008

Berkeley police, who routinely protect left-wing anti-war protesters, apparently won’t provide the same protection for demonstrators who support our troops. Anti-war demonstrators are attacking…

• By: Hans Bader
• 02/12/2008

The Senate has voted to grant immunity to phone companies that assisted the federal government’s antiterror surveillance program. Those companies are now being sued…

• By: Hans Bader
• 02/12/2008

A retired teacher has revealed that he was illiterate until age 48. John Corcoran "graduated from college and taught high school for 17 years…

• By: Hans Bader
• 02/11/2008

Earlier, I wrote about how politicians want every high school student to go on to college, no matter how little aptitude or need for…

• By: Hans Bader
• 02/11/2008

Crime is so out of control in Washington, D.C., that it is a “failed state.” That’s the gist of a brief filed by…

• By: Hans Bader
• 02/11/2008

Most jobs don't require someone with a college degree. Yet politicians are always calling for more federal subsidies to send everyone, no matter how dumb,…

• By: Hans Bader
• 02/11/2008

In Sunday’s Washington Post, researcher Eric Weiner (who is not a Republican) notes that Republicans are happier than Democrats regardless of income level, even…

• By: Hans Bader
• 02/11/2008

No matter how many times people use turgid euphemisms like “enhanced interrogation technique” to describe “water torture,” it’s still torture, as the The…

• By: Hans Bader
• 02/11/2008

People below the poverty line often aren’t really poor. Many of them receive tax-free income and welfare benefits that aren’t even considered in determining whether…

• By: Hans Bader
• 02/11/2008

Congressional witch hunts make FDA officials leery of approving innovative drugs, resulting in delays and red tape that costs lives. That’s the message of two…

• By: Hans Bader
• 02/08/2008

Yesterday, Congress passed a "stimulus package" that gives rebates to many people who don't work, but denies them to people who do work but whose…

• By: Hans Bader
• 02/08/2008

A group of researchers told the Supreme Court that Washington, D.C.’s municipal ban on handguns and functional firearms is based on junk science. After…

• By: Hans Bader
• 02/07/2008

In the Wall Street Journal, William Easterly explains why Bill Gates’ proposal for “creative capitalism” — a rejection of the profit motive in favor of…

• By: Hans Bader
• 02/07/2008

Lawyers challenging D.C.’s ban on possession of handguns and functional firearms filed their brief yesterday in the Supreme Court, defending a court ruling…

• By: Hans Bader
• 02/06/2008

A lot of subprime mortgage loans are defaulting.  A big reason why is that, to avoid discrimination charges, lenders gutted their traditional lending standards in order…

• By: Hans Bader
• 02/04/2008

Ignorance can lead to unjustified anger. Congressional leaders are mad at the Supreme Court for enforcing a 180-day deadline for filing discrimination claims in the…

• By: Hans Bader
• 02/03/2008

USA Today has a story today about how public employees are much better compensated than people in the private sector, with an average compensation…

• By: Hans Bader
• 02/01/2008

Insurers of municipal bonds got tired of their sleepy little domain and decided to try and make a quick buck by insuring subprime mortgage securities…

• By: Hans Bader
• 01/31/2008

Altria, the parent company of cigarette-maker Philip Morris, is shutting down its headquarters in New York City and will no longer employ the “vast…

• By: Hans Bader
• 01/30/2008

Last night, ABC News lavished sympathy on a North Carolina couple whose mortgage payments had risen to just over $2,000 a month, owing to the…

• By: Hans Bader
• 01/30/2008

The House has overwhelmingly voted to pass the “stimulus” bill I discussed earlier, which would increase the deficit, provide “rebates” that did…

• By: Hans Bader
• 01/30/2008

California Governor Arnold Schwarzenegger’s multibillion dollar health care plan was rejected as too expensive by the California State Senate’s Health Committee, putting him to…

• By: Hans Bader
• 01/29/2008

The “stimulus” plan devised by House leaders and the White House at a price tag of nearly $150 billion is now being rejected as too…

• By: Hans Bader
• 01/28/2008

Earlier this month, House leaders reached a deal with the White House on a $150 billion “stimulus” plan that would increase the deficit to give…

• By: Hans Bader
• 01/27/2008

Earlier, I wrote about the Abigail Alliance case, in which a federal appeals court first rightly held that the Constitution likely prevents the FDA…

• By: Hans Bader
• 01/27/2008

Late last year, the Treasury Secretary orchestrated a bailout of some subprime borrowers with adjustable-rate mortgages. Under it, their interest rates, which are slated…

• By: Hans Bader
• 01/25/2008

Economist David Friedman sums up the flaws of the ridiculous “stimulus” plan that House leaders and the White House have proposed, which will…

• By: Hans Bader
• 01/25/2008

Under the "stimulus" plan proposed by House leaders and the White House, you get a "rebate" -- even if you work so little that…

• By: Hans Bader
• 01/24/2008

The White House and Congressional leaders have reached an outrageous agreement to increase the deficit to pay for rebates that discriminate against married people,…

• By: Hans Bader
• 01/23/2008

Earlier, I wrote about how the multi-billion-dollar 1998 tobacco settlement between 46 states and the tobacco companies has inspired more lawsuits, and threatened lawsuits, against…

• By: Hans Bader
• 01/23/2008

Congress is currently in the process of rewriting the Americans with Disabilities Act (ADA) to make it even more costly for employers to employ people…

• By: Hans Bader
• 01/23/2008

The Congress and the president are planning to give rebates to taxpayers in an effort to pump up consumer spending and avert a recession.

• By: Hans Bader
• 01/22/2008

Nervous about the possibility of a recession, the Federal Reserve has just cut short-term interest rates (the federal funds rate). But how much good,…

• By: Hans Bader
• 01/22/2008

The Supreme Court recently ruled that while those who engage in securities fraud can be sued, third parties who allegedly aided and abetted them…

• By: Hans Bader
• 01/22/2008

The Vice Chairman of the Prince William County Human Rights Commission, Carlos Labiosa, is investigating the local school board's decision to drop affirmative-action hiring…

• By: Hans Bader
• 01/22/2008

For mysterious reasons, municipal governments that have never defaulted on anything (and can, unfortunately, tax the living daylights out of their citizens to pay for…

• By: Hans Bader
• 01/21/2008

Earlier, I wrote about how diversity training backfires: It harms employers and employees alike, triggers lawsuits by both white and minority employees, causes racial…

• By: Hans Bader
• 01/21/2008

Federal financial aid and subsidies to colleges and universities are fueling soaring college costs, and making universities more expensive, more bureaucratic, and more politicized. That’s…

• By: Hans Bader
• 01/21/2008

Congress and the President are working on a multi-billion-dollar ($140 billion plus) “stimulus package” in an effort to ward off a recession. One proposal that…

• By: Hans Bader
• 01/18/2008

In Virginia’s Arlington Sun-Gazette, reader Linda Jones complains about the fact that only a few public school teachers in Arlington County receive more than $100,000…

• By: Hans Bader
• 01/18/2008

Legal aid groups funded by taxpayers through the federal Legal Services Corporation (LSC) wasted money on forbidden things like liquor and subsidized "loans" to…

• By: Hans Bader
• 01/17/2008

A 2007 Virginia transportation law allowed the Northern Virginia Transportation Authority to levy a big new tax to finance transportation projects not on those who…

• By: Hans Bader
• 01/16/2008

Clayton Cramer points out that most people classified as poor by the federal government are actually not poor at all. Most people below the…

• By: Hans Bader
• 01/16/2008

The ACLU insists that sex in public restroom stalls is protected by "privacy", even though such activity creates a very uncomfortable environment for those…

• By: Hans Bader
• 01/16/2008

If you live in Northern Virginia or Hampton Roads, you are now subject to a big tax increase if you sell your home. The 2007…

• By: Hans Bader
• 01/15/2008

Over the past decade, property taxes in Northern Virginia have skyrocketed along with assessments. Taxes have increased to the point that taxes in Northern…

• By: Hans Bader
• 01/14/2008

The American Bar Association has never been reluctant to urge the Supreme Court to overturn existing precedent, if the precedent at issue offends politically correct…

• By: Hans Bader
• 01/14/2008

State legislatures recently banned the slaughter of horses for human consumption. The net result, according to The New York Times, is that rather than…

• By: Hans Bader
• 01/11/2008

A highly-publicized gun lawsuit has bitten the dust. Earlier, the D.C. Court of Appeals allowed Washington, D.C. residents to sue out-of-state businesses under D.C. law…

• By: Hans Bader
• 01/11/2008

USA Today hammers state governments for using money from the 1998 multistate tobacco settlement on everything but tobacco-related illnesses and smoking prevention: “With news…

• By: Hans Bader
• 01/04/2008

As usual, politicians are complaining about the fact that 47 million Americans supposedly don’t have health insurance. But many young people just don’t need health…

• By: Hans Bader
• 01/03/2008

In poor African countries like Lesotho, “H.I.V.-infected children are offered exemplary treatment, while children suffering from much simpler-to-treat diseases are left untreated, sometimes to…

• By: Hans Bader
• 01/02/2008

The head of the Virginia bar association is concerned because Virginia, which once had the highest percentage of lawyer-legislators in America, now ranks behind…

• By: Hans Bader
• 01/02/2008

This blog gets much of its traffic and readers by being linked to by other blogs. The friendly blog that links to this one most…

• By: Hans Bader
• 12/31/2007

A program in Michigan that saved 1500 lives over 18 months by maintaining checklists on patient care to prevent hospital infections has been shut down by…

• By: Hans Bader
• 12/31/2007

The Washington, D.C. school system recently spent tens of millions of dollars to buy sophisticated new boilers to heat the schools.  Then it allowed them to break…

• By: Hans Bader
• 12/26/2007

Employers pay a lot of money for diversity training and sexual harassment training, but often the training backfires and blows up in the face of…

• By: Hans Bader
• 12/25/2007

Most non-white Canadians suffer from Vitamin D deficiency, putting them at risk of cancer, osteoporosis, and diabetes, according to the Toronto Globe and Mail. …