The Open Market Blog

• By: Hans Bader
• 12/25/2007

In Saturday’s Washington Post, I have a letter discussing class-action lawsuit abuses.  It discusses how class-action lawsuit “settlements intended to benefit consumers get paid instead…

• By: Hans Bader
• 12/21/2007

Earlier, I wrote about Exxon’s challenge to a $2.5 billion punitive damage award against it (in the Exxon Valdez oil spill case) that appeared…

• By: Hans Bader
• 12/20/2007

Earlier, I wrote about the municipal bond insurance scam, in which financially shaky “insurers” receive a fee for “insuring” the bonds of credit-worthy municipalities…

• By: Hans Bader
• 12/18/2007

The American Tort Reform Association has just issued its Judicial Hellholes 2007 report, an annual summary of the nation's most unfair civil court…

• By: Hans Bader
• 12/17/2007

In the D.C. Examiner, Mark Tapscott has an interesting column about class action lawsuits. A common outcome of such suits is that the lawyers…

• By: Hans Bader
• 12/14/2007

Inadequate exposure to the sun kills at least 50,000 to 60,000 people per year in the United States alone, university researchers say. We’ve all…

• By: Hans Bader
• 12/12/2007

Earlier, I wrote about the racist "diversity" consultant Glenn Singleton, who is hired by school officials, like the Arlington, Virginia schools, despite…

• By: Hans Bader
• 12/11/2007

Former New York Knicks executive Anucha Browne Sanders has settled her sexual harassment case against Madison Square Garden for $11.5 million. A jury found…

• By: Hans Bader
• 12/10/2007

The mortgage bailout proposed by the Treasury Secretary will just makes things worse in the future, explains Bill Fleckenstein at MSN’s Money Central. Similarly,…

• By: Hans Bader
• 12/10/2007

Sunday’s Washington Post contained a story about how current congressional leaders, who have belatedly criticized the Bush administration for using degrading interrogation techniques tantamount to…

• By: Hans Bader
• 12/05/2007

The Washington Times has an editorial today, “No Bailout,” explaining why the Treasury Secretary’s plan to freeze mortgage interest rates for people who borrowed…

• By: Hans Bader
• 12/04/2007

I agree with most, but not all, of what Eli has to say below in his thoughtful post about the costs of divorce, such…

• By: Hans Bader
• 12/03/2007

Earlier, we described the antics of Glenn Singleton, the San Francisco "diversity" trainer who is paid hundreds of thousands of dollars to promote…

• By: Hans Bader
• 11/30/2007

Yesterday, I wrote about the “Massive Bond Rating Scam,” and how irresponsible bond-rating agencies, shielded by regulation against competition, have contributed to the mortgage…

• By: Hans Bader
• 11/30/2007

Overlawyered has more coverage of the indictment of Dickie Scruggs, the rich trial lawyer who helped bring about the tobacco Master Settlement Agreement that…

• By: Hans Bader
• 11/30/2007

The Brady Campaign has spent years trying to convince the courts to strike down a federal law, passed with bipartisan support, that bans suits…

• By: Hans Bader
• 11/29/2007

Dickie Scruggs, one of the lawyers who helped bring about the 1998 tobacco Master Settlement Agreement, has just been indicted on bribery charges. Under…

• By: Hans Bader
• 11/29/2007

Even the most poorly-run state has less chance of defaulting on its debts than a typical well-run company. That's because states, unfortunately, have the power…

• By: Hans Bader
• 11/27/2007

The Seattle School District says that celebrating Thanksgiving is racially insensitive.  This is the same school district that claimed for several years that “individualism” is a form of “cultural…

• By: Hans Bader
• 11/21/2007

Earlier, I wrote about the Seattle Schools’ bizarre and racist definitions of racism, which branded all whites (and only whites) as racists, claimed that…

• By: Hans Bader
• 11/21/2007

Oklahoma attorney general Drew Edmondson’s latest outrage is chronicled today in an editorial in the D.C. Examiner. The paper points out that he is…

• By: Hans Bader
• 11/21/2007

A Saudi Arabian court originally sentenced a victim of a gang rape to six months in jail and 90 lashes, after she reported her…

• By: Hans Bader
• 11/20/2007

The school system in my county, Arlington, Virginia, certainly knows how to waste taxpayers' money. Like several school districts, they've hired an infamous race-baiting…

• By: Hans Bader
• 11/20/2007

The Supreme Court has just decided to hear an appeal of the federal appeals court ruling striking down the District of Columbia’s handgun ban,…

• By: Hans Bader
• 11/20/2007

Yesterday, a panel of federal appellate judges worried that declaring paper money a violation of the rights of the blind would open the…

• By: Hans Bader
• 11/19/2007

Two federal appeals courts have rejected the idea that a private employer's requirement that employees speak English on the job is racial or national origin…

• By: Hans Bader
• 11/19/2007

While tourism is rising rapidly in much of the world, it is falling in America, thanks to the hassle that our government puts foreign…

• By: Hans Bader
• 11/16/2007

Glenn Singleton of Pacific Educational Group has become a rich man by preaching racism, hate, and scapegoating. School systems hire him for hundreds of thousands…

• By: Hans Bader
• 11/14/2007

As I earlier anticipated, the Washington, D.C., administrative law judge who sued for $54 million after losing his pants has now lost his…

• By: Hans Bader
• 11/12/2007

The Employment Non-Discrimination Act, which would outlaw private-sector (and some public-sector) discrimination based on sexual orientation, passed the House last week by a…

• By: Hans Bader
• 11/12/2007

In June, the Supreme Court cut back on school districts’ ability to assign students to schools by race, even when school districts claim…

• By: Hans Bader
• 11/09/2007

In American Council of the Blind v. Paulson, a trial judge declared that American paper money discriminates against the blind because it lacks features…

• By: Hans Bader
• 11/08/2007

CNBC’s Jim Cramer, no free-market conservative, is nonetheless appalled by New York Attorney General Andrew Cuomo’s clumsy meddling in the mortgage markets, which he believes…

• By: Hans Bader
• 11/08/2007

Phone companies deserve immunity from lawsuits for cooperating the with federal antiterrorism surveillance program, according to a recent report by the Information Technology and…

• By: Hans Bader
• 11/08/2007

If an artist sticks a crucifix in urine, or a museum displays pictures of children smeared with feces or severed genitalia, liberal academics and judges…

• By: Hans Bader
• 11/07/2007

Nigeria’s federal government is demanding more than 5.3 trillion Naira — or more than $44 billion — from tobacco companies such as Philip Morris.

• By: Hans Bader
• 11/07/2007

Anyone who thinks history is a dry and dull subject should read James Swanson’s Manhunt: The 12-Day Chase for Lincoln’s Killer. His fascinating book…

• By: Hans Bader
• 11/07/2007

In Oregon, voters rejected a ballot initiative that would have created a permanent state health-care program financed by a major cigarette tax increase (which…

• By: Hans Bader
• 11/06/2007

In June, the Supreme Court ruled against a student’s First Amendment challenge to his discipline for displaying, off school grounds, a cryptic banner that read…

• By: Hans Bader
• 11/05/2007

The Wall Street Journal had an editorial this weekend describing the ways that the Law of the Sea Treaty (LOST) would undermine America’s security…

• By: Hans Bader
• 11/05/2007

CEI rated Rhode Island attorney general Patrick Lynch the fifth-worst attorney general in America in its The Nation’s Top Ten Worst State Attorneys…

• By: Hans Bader
• 11/05/2007

In today’s New York Times, former attorney general John Ashcroft explains why it would be harmful and risky to allow lawsuits to continue against…

• By: Hans Bader
• 11/02/2007

In response to complaints by the Foundation for Individual Rights in Education (FIRE), the University of Delaware has suspended its coercive indoctrination of…

• By: Hans Bader
• 11/01/2007

It turns out that the billions of dollars that have been spent on international AIDS programs have largely been wasted. In some places, like…

• By: Hans Bader
• 10/31/2007

Jacob Sullum’s syndicated column describes Exxon Shipping Co. v. Baker, in which the Supreme Court will decide whether federal maritime law permits punitive damages…

• By: Hans Bader
• 10/31/2007

Congress is set to pass a bloated farm bill that will increase federal sugar subsidies, which have cost taxpayers billions of dollars, and prevent…

• By: Hans Bader
• 10/31/2007

Trial lawyers have brought lawsuits seeking billions of dollars in damages against telephone companies for assisting federal antiterrorism surveillance programs. In today’s Washington Post, Senator…

• By: Hans Bader
• 10/30/2007

The full Federal Circuit Court of Appeals has just rejected a challenge to an earlier ruling that the District of Columbia’s Prescription Drug…

• By: Hans Bader
• 10/30/2007

The moderately conservative Judge Thomas Meskill has died, eliminating one of the few non-liberal judges on the New York-based Second Circuit Court of Appeals.

• By: Hans Bader
• 10/30/2007

Wealthy trial lawyer William Lerach, a big donor to liberal politicians who specialized in bringing class action lawsuits, has pled guilty to giving kickbacks.

• By: Hans Bader
• 10/29/2007

The Supreme Court is weighing the $2.5 billion punitive damage award against Exxon arising out of an oil spill, which occurred as a result of…

• By: Hans Bader
• 10/29/2007

The Washington Post has a news story Sunday about how teen pregnancies have fallen in Washington, D.C., and nearby suburbs since 1996 — a…

• By: Hans Bader
• 10/25/2007

The Commission that selects administrative law judges (ALJs) in Washington, D.C. is leaning towards not reappointing Roy Pearson, the ALJ who brought a $54…

• By: Hans Bader
• 10/25/2007

California wildfires have driven hundreds of thousands of people from their homes, caused death and destruction, and consumed more than 700 square miles of land.

• By: Hans Bader
• 10/24/2007

The European Commission is taking Finland to court to try to force it to ban the sale of snus, a form of smokeless tobacco.

• By: Hans Bader
• 10/24/2007

MSN says that Merrill Lynch wrote down the value of its mortgage holdings by nearly $8 billion just in the past quarter, producing a…

• By: Hans Bader
• 10/23/2007

The bloated farm bill making its way through the new Congress is not only a budget-buster. It is chock full of corporate welfare…

• By: Hans Bader
• 10/23/2007

300,000 people have fled their homes in California owing to out-of-control fires that have consumed more than 384 square miles of land. Those fires…

• By: Hans Bader
• 10/23/2007

The use of torture overseas in enemy interrogations has attracted considerable opposition, for good reason. Military interrogators have recently criticized the practice, saying it is…

• By: Hans Bader
• 10/22/2007

The U.S. government is urging Turkey not to invade the Kurdish regions of northern Iraq after Turkish Kurdish separatists based on northern Iraq killed…

• By: Hans Bader
• 10/22/2007

MSN and The Economist point out the deep flaws of the bail-out fund backed by Treasury Secretary Henry Paulson that would try to…

• By: Hans Bader
• 10/19/2007

My earlier post about the incompetence of the Transportation Security Administration (TSA), which generally fails to detect explosive ingredients and fake bombs, was understated.

• By: Hans Bader
• 10/19/2007

The administration of Kansas Governor Kathleen Sebelius has blocked a new power plant from being built, despite looming energy shortages, because, like virtually all…

• By: Hans Bader
• 10/19/2007

Since the government took over aviation security since 9/11, security has actually gotten worse. Fake bombs usually pass undetected by the Transportation Security Administration…

• By: Hans Bader
• 10/18/2007

The House of Representatives just failed to override Bush’s veto of a bill that would have greatly expanded the cost and scope of the…

• By: Hans Bader
• 10/18/2007

The Financial Times has an article on how the agricultural subsidies contained in the Farm Bill seemingly promote obesity by encouraging the production and…

• By: Hans Bader
• 10/18/2007

CEI’s The Nation’s Top Ten Worst State Attorneys General described how wealthy trial lawyers like the indicted Milberg Weiss law firm have bankrolled state…

• By: Hans Bader
• 10/18/2007

Michael Cannon lists the nine cardinal sins of the federal SCHIP health care program, whose exploding costs led President Bush to veto a…

• By: Hans Bader
• 10/17/2007

The federal Third Circuit Court of Appeals in Philadelphia recently upheld an FCC ruling that deregulated high-speed internet service over traditional phone lines. The…

• By: Hans Bader
• 10/17/2007

The Wall Street Journal has an editorial today discussing all the ways that expanded ethanol production resulting from costly federal ethanol subsidies is harming…

• By: Hans Bader
• 10/17/2007

Mortgage lenders face a Hobson’s Choice. When a lender doesn’t provide mortgage loans to people in high-crime areas with high default rates, that’s considered racist…

• By: Hans Bader
• 10/17/2007

At Slate, Tim Wu explores how the federal criminal code has become so vast that almost anyone can be prosecuted for violating some obscure…

• By: Hans Bader
• 10/16/2007

As I explain below, federal meddling will merely delay the mortgage meltdown and make the ultimate implosion of the mortgage industry all the worse.

• By: Hans Bader
• 10/16/2007

Mortgage-backed securities have collapsed in value, and aren't worth as much as once thought. That's becoming clear as increasing numbers of homeowners default on their…

• By: Hans Bader
• 10/16/2007

Volunteer fire departments would be endangered by a union-backed bill that has overwhelmingly passed the House of Representatives and now is pending in the…

• By: Hans Bader
• 10/15/2007

James Kirchik has an interesting column on Clarence Thomas and affirmative action in The Los Angeles Times. The Supreme Court justice’s revealing autobiography,…

• By: Hans Bader
• 10/15/2007

One of the surest ways to create a budget deficit is to assume that a government health care program can be funded solely by a…

• By: Hans Bader
• 10/12/2007

A committee selected by Norway's socialist legislature has awarded the Nobel Peace Prize to Al Gore and the Intergovernmental Panel on Climate Change. Its criteria…

• By: Hans Bader
• 10/11/2007

The City of Belmont, California has banned smoking in most apartment units as well as in public parks and other public spaces. (In Santa…

• By: Hans Bader
• 10/11/2007

Jacob Sullum writes in Reason about the downside of the FDA tobacco regulation bill. CEI General Counsel Sam Kazman earlier wrote to Congress…

• By: Hans Bader
• 10/11/2007

David Freddoso has an interesting column in National Review Online about the D.C. Government’s lack of concern for crime victims. The District justifies its…

• By: Hans Bader
• 10/09/2007

One of the problems of letting the Nanny State tell you what you can put into your body is that it often tells you to…

• By: Hans Bader
• 10/08/2007

Bjorn Lomborg has an insightful op ed on global warming in Sunday’s Washington Post.  He discusses how global warming regulations, such as carbon emissions restrictions, fail to provide as…

• By: Hans Bader
• 10/08/2007

Andrea Peyser had an interesting column this weekend in The New York Post about how wealthy parents are billing the public for their children…

• By: Hans Bader
• 10/05/2007

Most courts have rejected claims that websites have to be redesigned, at great inconvenience and expense, to accommodate their tiny number of visually-disabled visitors. But…

• By: Hans Bader
• 10/04/2007

The London Daily Mail reports on a lawsuit pending in an English court: Schools will have to issue a warning before they show pupils…

• By: Hans Bader
• 10/04/2007

My wife loves fish, especially tuna and sashimi, but when she was pregnant with our daughter, she didn’t eat much fish, since the FDA and…

• By: Hans Bader
• 10/03/2007

There are a lot of problems, ethically, legally, and constitutionally, with a state attorney general hiring trial lawyers to sue on behalf of…

• By: Hans Bader
• 10/03/2007

As legal commentator Ted Frank observes, the $11.6 million in damages awarded in the Isiah Thomas sexual harassment case was excessive and at odds…

• By: Hans Bader
• 10/03/2007

The New York Times has an interesting story today on the potential marketing of Snus, a form of smokeless tobacco that does not require…

• By: Hans Bader
• 10/03/2007

Bush just vetoed a multibillion dollar bill expanding the SCHIP health care program, which would have increased budget deficits as well as cigarette and…

• By: Hans Bader
• 10/02/2007

The distinguished legal commentator Stuart Taylor, who exposed prosecutor Michael Nifong’s misconduct and lies in the Duke lacrosse rape case, has an interesting…

• By: Hans Bader
• 10/01/2007

The Associated Press has an interesting article on Congress’s use of regressive taxation and tax increases to pay for expansion of health care coverage.

• By: Hans Bader
• 10/01/2007

School districts receive federal subsidies for bilingual education programs. That can give them a financial incentive to needlessly put Hispanic kids who already know a…

• By: Hans Bader
• 10/01/2007

Supreme Court justices have a politically sensitive job, issuing rulings that are politically charged. As Finley Peter Dunne observed a century ago, the Supreme Court…

• By: Hans Bader
• 10/01/2007

The Supreme Court has decided not to hear the Engle case, in which the Florida Supreme Court threw out a $145 billion class-action punitive…

• By: Hans Bader
• 10/01/2007

“Some in Fairfax Public Housing Make Six Figures.” That’s the title of a story in The Washington Post, which reported Sunday that families…

• By: Hans Bader
• 09/28/2007

A lobbying firm has been paid hundreds of thousands of dollars, including $160,000 in the first half of 2007, to lobby for the FDA…