- “Maryland’s Medical Malpractice Landscape After McQuitty” [Elizabeth Hafey, Miles & Stockbridge]
- A skeptical view of state intervention on pharmaceutical pricing [Marc Kilmer/MPPI, related: Dan Menefee/Maryland Reporter]
- Bad ideas, getting closer: “DC’s Paid Family Leave Bucks the Trend—and Economics” [Ike Brannon, Cato]
- Maryland should adopt the idea of an executive agency to analyze and review regulation, along lines of federal OIRA [Randolph May, Free State Foundation]
- Yet another Maryland shaken-baby case seems awfully dependent on autopsy inferences [Washington Post, background on Washington Post series; more background]
- “Here are some easy changes. Maryland is now the only state to have both estate and inheritance taxes.” [Dee Hodges, Maryland Reporter]
Yesterday the city of Baltimore signed a 227-page consent decree with the U.S. Department of Justice putting the city’s police department under wide-ranging federal control for the indefinite future (earlier).
The decree (document; summary of high points) mingles some terms that rise to genuine constitutional significance with others that no court would have ordered, and yet others that appear not to be requirements of the law at all, but at most best practices. Many are virtually or entirely unenforceable (“professional and courteous” interaction with citizens). Whether or not the decree results in the less frequent violation of citizens’ rights, it is certain to result in large amounts of new spending and in the extension of the powers of lawyers working for various parties.
In November David Meyer Lindenberg of Fault Lines, the criminal justice website, wrote this opinion piece about the failure of DoJ police reform consent decrees to live up to the high claims often made for them (more: Scott Shackford, Reason). Our consent decrees tag traces the problems with these devices in a variety of public agencies such as those handling children’s and mental health services, as well as the budgetary rigidity they often impose.
Since Congress passed enabling legislation in 1994 in the aftermath of the Rodney King beating, the Washington Post and Frontline reported in a 2015 investigation, “Twenty-six [police] investigations — a little more than half of them since President Obama took office — have led to the most rigorous outcome: binding agreements tracked by monitors. More than half were consent decrees, meaning they were approved and managed in federal court.” As of that point only Ohio, at 4 agreements, had had more than Maryland, at 3.
This 2008 report from the Alabama Policy Institute by Michael DeBow, Gary Palmer, and John J. Park, Jr. takes a critical view of the decrees’ use in institutional reform litigation (not specifically police), and comes with a foreword by Sen. Jeff Sessions, now the nominee to replace Loretta Lynch as Attorney General of the U.S. Speaking of which, there’s something so weird about some liberals’ eagerness to hand the keys to big-city police departments over to Mr. Sessions. It’s as if they think once Main Justice is calling the shots it won’t think of using that leverage on issues like, say, sanctuary cities.
[cross-posted from Overlawyered. Note also Reuters’ new investigation of police union contracts, and related coverage in the Baltimore Sun (McSpadden case), Ed Krayewski/Reason (three years to fire misbehaving cop), and more Sun (deadly effects of police slowdown)]
- May 2015 work slowdown by Baltimore police may have led to long-term higher crime rate [Daniel Bier/FEE, Alex Tabarrok/Marginal Revolution] “11 Incredible Findings from the Report on Baltimore PD” [Bier, FEE]
- Claim: lawmakers can “give” private employees paid parental leave and “there’s no added cost to employers” [Kate Ryan, WTOP citing views of Montgomery County, Maryland council member Tom Hucker]
- Irony alert: Get-money-out-of-politics measure passes 53-47 in Howard County after backers outspend foes 10-1 [Len Lazarick, Maryland Reporter]
- “FBI fingerprinting for Uber and Lyft in Maryland would do more harm than good” [Washington Post letter to editor from Arthur Rizer, R Street Institute]
- “Economist: Baltimore Minimum Wage Bill Punishes Small Business Growth” [Connor Wolf]
- Major overhaul of state contracting proposed, along with hundreds of changes to regulations [Maryland Reporter]
Maryland remains at its fourth-from-worst position of #46 in this new report ranking freedom in the 50 states by the Cato Institute, with which I’m affiliated. “Occupational freedom is extremely low, for health professions and for others….Educational freedom is among the lowest in the country. Homeschools and private schools are tightly regulated, the latter more so (mandatory state approval and teacher licensing).” While scoring average on taxes and criminal justice, our state, long known as the Free State, is worse than average on business subsidies, land-use control, and firearms unfreedom. We are 49th (next to worst!) on regulation, occupational, and land use freedom and least free of all 50 on education.
Adjacent states are ahead of us: Virginia at # 21, Pennsylvania #26, Delaware # 31, and West Virginia at # 39.
Most of these problems cannot be fixed without electing a better legislature in Annapolis.
I wish we had a civil liberties group in Maryland that focused on civil liberties, rather than going to bat for the legislative agenda of the teachers’ union.
- Gov. Hogan extends work of Maryland Redistricting Reform Commission [Danielle Gaines, Frederick News-Post; earlier, Len Lazarick/Maryland Reporter] Also, a video on gerrymandering at the Baltimore Sun;
- Baltimore police spokesman T.J. Smith about force’s use of dragnet of social media information about citizens: “The only people that have anything to fear about anything being monitored are those that are criminals and attempting to commit criminal acts.” Yes, that’s really what Smith said [Alison Knezevich/Baltimore Sun; in sequel, social media companies rescind access to the Geofeedia service] “Maryland’s use of facial recognition software questioned by researchers, civil liberties advocates” [Sun]
- MSEA by the sea: “Maryland students miss school for union convention” [Quinton Report]
- Why did lawyers for incoming First Lady sue in Maryland? “Plaintiff-friendly rules…won’t require her to pay the Daily Mail’s legal bill if she loses.” [Eriq Gardner, Hollywood Reporter]
- “Former Maryland prison imam was investigated over alleged Islamic State plot” [Baltimore Sun]
- “Maryland pays Marriott to stay” [Preston Cooper, Economics21]
Yes, I took a break this fall to catch up on personal business. Posting should resume shortly.
- Highlights/lowlights of the Justice Department’s scathing report on Baltimore police [Jonathan Blanks/Cato; C.J. Ciaramella]
- Gov. Larry Hogan has declined to board a certain ill-bound Train, and same is true of two other courageous figures, Lt. Gov. Boyd Rutherford and Howard County Executive Allan Kittleman [Fatimah Waseem, Howard County Times/Baltimore Sun]
- Rethink the Purple Line now [Diana Furchtgott Roth]
- Yes, the Baltimore aerial surveillance program should raise concerns [Matthew Feeney, Cato]
- “‘I want Larry Hogan gone,’ Cox told Kamenetz repeatedly.” [John Fritze, Baltimore Sun, quoting union boss J. David Cox of AFGE conversation with Baltimore County Executive Kevin Kamenetz, a potential Democratic candidate for governor]
- Barry Rascovar recalls the life of Helen Bentley [Maryland Reporter]
- MoCo Executive Leggett stifles a plan to make county dealings with labor unions more transparent [Bill Turque, Washington Post]
- “Shank: Criminal justice overhaul will lead to better outcomes in Maryland” [Herald-Mail]
- “Why in the world would the P.G. police dept. choose this particular cop to host a ride-along with a reporter?” [Radley Balko]
- Baltimore’s regulatory blockade: lawsuit challenges grip of historic preservation laws [Nick Zaiac, Market Urbanism]
- Been there. “Replacing Maryland E-ZPass transponder is not so easy” [Len Lazarick]
- It’s something [that] shouldn’t be done by either party in any state.” Larry Hogan talks gerrymandering [Danielle Gaines, Frederick News-Post]
- “It ought to be possible to terminate cops short of criminal convictions for incidents like that involving Gray’s” [Ed Krayewski; more from Reason on police unions here, here, and here]
- Will national Dems throw away redistricting issue by installing Martin O’Malley, author of nation’s worst gerrymander, as DNC chair? [Baltimore Fishbowl, Jonathan Shurberg/Maryland Scramble] Despite discomfort in Annapolis, it’s “in Democrats’ best interests to fight gerrymandering on all fronts” [Eli Briody-Pavlik, Maryland Reporter] Gerrymandering’s effect within a party can be as powerful as its effect in contests between parties [J. Miles Coleman on District 8 Dem primary]
- 5-part series on StingRay [cell phone tracking] use in Maryland law enforcement [Courtney Mabeus, Maryland Reporter]
- Should create an opening for the local GOP, right? Montgomery County plans a massive 8.7 percent property tax hike with spending binge to match [Adam Pagnucco, The Seventh State]
- Homeowners in Cumberland, Md., resist city’s eminent domain plans [Save Rolling Mill via Institute for Justice]
- I criticized “Grace’s Law,” the Maryland statute criminalizing some online actions causing distress to minors, at the time; now a Eugene Volokh amicus challenges it on First Amendment grounds [Volokh Conspiracy]