Jon Guze

Director of Legal Studies

Posts by Jon Guze (page 61)

  • Obama Orders Executive Agencies to “Nudge” Us

    This week, President Obama issued an order directing executive departments and agencies to: (i) identify policies, programs, and operations where applying behavioral science insights may yield substantial improvements in public welfare, program outcomes, and program cost effectiveness; (ii) develop strategies for applying behavioral science insights to programs and,…
    Jon Guze, September 18, 2015
  • Juxtapostion of Laws Leads to Paradoxical Outcome

    Its hard to ensure that laws written at different times and for different reasons are logically coherent, and sometimes they just aren’t. The result, as the Fayetteville Observer reports, can be absurd: A Fayetteville teenager who faced felony charges for making and possessing sexually explicit photos of himself agreed…
    Jon Guze, September 17, 2015
  • They Never Learn

    Seventeen years ago, the New London Development Corporation embarked on an ambitious plan to revitalize New London, CT by attracting new, high-end commercial development to a site along the city’s waterfront. To help the NLDC implement its plan, the State of Connecticut gave it money and the City of New London gave it the power of eminent domain.
    Jon Guze, September 17, 2015
  • JLF Joins Amicus Brief Challenging Mandatory Union Fees

    On Friday, the John Locke Foundation joined 16 other state public policy research organizations in a “friend of the court” brief to the US Supreme Court in Friedricks v. California Teachers Association. Proceedings began in 2013 when Rebecca Friedricks and other California teachers filed a complaint challenging a state law requiring…
    Jon Guze, September 14, 2015
  • Turns Out Trump’s Not the Only NJ Casino Owner Who’s “a Loser”

    In a previous post I linked to a article about the time Donald Trump tried and failed to take someone’s home and use it to augment his casino operation in New Jersey. The agency that was backing him in that attempted land grab was the New Jersey Casino Reinvestment Development Authority (CRDA). It turns…
    Jon Guze, September 11, 2015
  • That Time Trump Was “a Loser”

    On Wednesday the Washington Post ran a story about Donald Trump’s unsuccessful attempt to force a widow to give up her home so  he could expand the parking lot at his Atlantic City casino: Trump is dominating his Republican opponents in the polls. But in the long melodrama that is Trump’s business…
    Jon Guze, September 11, 2015
  • The New York Times Owes Clarence Thomas an Apology, but It’s Not Going to Give Him One

    Two weeks ago the New York Times published a disgraceful article in which Supreme Court correspondent Adam Liptak uses misdirection and innuentdo to suggest, not only that Clarence Thomas is too lazy or stupid to do his job properly, but that he is a plagarist as well! Liptak begins: Justice Clarence Thomas has not asked a question from the Supreme Court bench since 2006. His majority opinions tend to be brisk, efficient and dutiful. Now, studies using linguistic software have discovered another Thomas trait: Those opinions contain language from briefs submitted to the court at unusually high rates. Next to these opening paragraphs is a photo of Thomas with a caption that reads: A recent analysis found that his majority opinions had the highest rate of overlaps with language in legal briefs submitted to the court in the last decade. Back in the article Liptak goes on to say: Justice Thomas's seven majority opinions in the last term were on average just 12 pages long and contained little but a summary of the facts and terse summaries of the relevant statutes and precedents. Since opinions are signed by justices but often drafted by law clerks, it may be that any borrowed language was the work of Justice Thomas's clerks. And, just in case the reader misses the implication, he adds: When Justice Thomas announces his majority opinions from the bench, he sometimes seems to be reading from materials prepared by others. The pretext for this hatchet job is an obscure paper by a political science student named Adam Feldman, who, according to Liptak, used "anti-plagiarism software to detect similar wording in briefs and opinions from 1946 to 2014" and found that: Justice Thomas's majority opinions had the highest rate of overlaps with language in parties' briefs in the decade since Chief Justice John G. Roberts Jr. joined the court. Liptak bolsters this with two other statistical studies, one of which found that, "Thomas's majority opinions incorporated language from friend-of-the-court briefs ... more than any other justice," and another that "looked at overlaps with lower-court opinions [and found that] Justice Thomas's rate was the highest." By the time they've read all that, most readers are bound to conclude that, rather than doing his job, Thomas has been cribbing others' work, or, even worse, letting his unsupervised law clerks to do it for him. However, it's not the facts that lead readers to those conclusions; it's Liptak's deceitful use of language.
    Jon Guze, September 9, 2015
  • What’s in a Name?

    There’ve been some complaints about a recent executive action changing the name of Mount McKinley to Mount Denali. While I can sympathize with the citizens of Ohio on this matter, personally I think the latter name makes more sense for a mountain in Alaska (and sounds better too!). However, there’s more to…
    Jon Guze, September 4, 2015