February 01, 2005

Despite listening to about 50-100 hours of oral arguments thus far, I continue finding new treasures on Oyez. You can listen to Alexander Bickel and Erwin Griswold clash swords for two hours in this MP3 of the arguments in NYT v. United States (the Pentagon Papers case).

The discussion is full of revelations-- Solicitor General Griswold concedes that even though this is a prior restraint case, subsequent prosecution will be both impractical and unwise; Griswold and Bickel traded briefs only a few hours before the argument; and Griswold begins by championing timed final exams as a test of good lawyering (contra Professor Bill Henderson). I do miss having Justices Scalia and Breyer in the exchange, though.


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What I learned in tax today

01:21 PM

Apparently, thanks to the graces of section 132(a)1, when an airline allows its employees to fly standby for free, this is deemed a "no-additional-cost service", and the employer "incurs no substantial additional cost (including foregone revenue) under section 132(b)(2).

If this were actually true, you would think I could call up US Airways and say, "Hey, since you guys claim on your tax returns you incur no substantial costs in letting your employees fly standby for free, you should let me fly standby on all of your flights anywhere for free as well. To make it worth your while I'll even pay you $20 a year for the privilege. What do you say?"

Somehow, I do not think they would say yes.


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Second Bests

10:25 AM

Amber Taylor, Todd Zywicki, Pejman Yousefzadeh and many others link to this account-- of a woman in Germany who was briefly faced with the possibility of not stopped receiving welfare payments because she refused to accept employment in a brothel.

Amber seems to champion the result-- the others seem more skeptical. Personally, I find that this sort of thing drives me crazy. According to the article, the government decided that a "morals" exception would have been too untenable-- how to tell brothels from bars?

There is some merit to this as a point of sheerly analytic philosophy, but back here in the real world, it is ridiculous. Sure, there would be some tough calls, and sure, Amber is right that this is not true coercion but rather state bribery, but things like this are what make otherwise reasonable people think it is wise to criminalize (some) sex between consenting adults simply because money has changed hands.

UPDATE:

A reader points out that this woman's benefits were not in fact withdrawn, and that in fact job centres will handle these things in a sensible way. Good!

UPDATE TWO: More evidence that this is overblown here


2157

An Oyez Extravaganza

08:37 AM

One of the many exciting oral argument MP3s you can download from Oyez.org-- the arguments in Shelton v. Alabama (do you get a lawyer before having a suspended sentence imposed?). The case features not only now-Judge William Pryor (then the Attorney General of Alabama) but also former-Solicitor General Charles Fried, now of Haravrd, and Professor Steven Duke of Yale.

Sadly, however, the arguments for Rotary Int. v. Rotary Club, with Professor Judith Resnik arguing, won't download on my computer.


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