Comments on: United States v. Doe http://www.juliansanchez.com/2009/06/29/united-states-v-doe/ Just another geek in the geek kingdom Thu, 09 Feb 2012 05:38:37 +0000 hourly 1 http://wordpress.org/?v=3.2 By: Julian Sanchez http://www.juliansanchez.com/2009/06/29/united-states-v-doe/comment-page-1/#comment-8279 Julian Sanchez Thu, 02 Jul 2009 23:43:14 +0000 http://www.juliansanchez.com/?p=3356#comment-8279 Well, my worry in that case would be: "is this a crazy person?" The narrower legitimate worry in this case—maybe because I think concern for animal welfare isn't all that crazy—is that maybe he'll be less diligent about weighing the costs of regulations that impose onerous burdens on factory farms. But my impression is that laws specifying standards for animal treatment are mostly imposed at the state level, so even if you're worried about the meat industry, the risk seems limited. Well, my worry in that case would be: “is this a crazy person?” The narrower legitimate worry in this case—maybe because I think concern for animal welfare isn’t all that crazy—is that maybe he’ll be less diligent about weighing the costs of regulations that impose onerous burdens on factory farms. But my impression is that laws specifying standards for animal treatment are mostly imposed at the state level, so even if you’re worried about the meat industry, the risk seems limited.

]]> By: Kevin http://www.juliansanchez.com/2009/06/29/united-states-v-doe/comment-page-1/#comment-8268 Kevin Thu, 02 Jul 2009 16:25:19 +0000 http://www.juliansanchez.com/?p=3356#comment-8268 "...it doesn’t matter because the director of OIRA has no power to make this happen." I disagree. If Cass Sunstein was a proponent of teaching creationist or flat earth theory in public schools, even without the ability to enact anything with regard to those beliefs, it would be just as troubling. Such eccentricities are not necessarily disqualifying by themselves, but should be given consideration. “…it doesn’t matter because the director of OIRA has no power to make this happen.”

I disagree. If Cass Sunstein was a proponent of teaching creationist or flat earth theory in public schools, even without the ability to enact anything with regard to those beliefs, it would be just as troubling. Such eccentricities are not necessarily disqualifying by themselves, but should be given consideration.

]]> By: Julian Sanchez http://www.juliansanchez.com/2009/06/29/united-states-v-doe/comment-page-1/#comment-8226 Julian Sanchez Mon, 29 Jun 2009 21:05:00 +0000 http://www.juliansanchez.com/?p=3356#comment-8226 If so, liability for attorney's fees should put them out of business fairly quickly. I very much doubt attempts at horse-trading would go without notice or comment, and in any event, I'm pretty sure establishing private standing for suit is the kind of thing that would require an act of Congress. If so, liability for attorney’s fees should put them out of business fairly quickly. I very much doubt attempts at horse-trading would go without notice or comment, and in any event, I’m pretty sure establishing private standing for suit is the kind of thing that would require an act of Congress.

]]> By: Gavin http://www.juliansanchez.com/2009/06/29/united-states-v-doe/comment-page-1/#comment-8225 Gavin Mon, 29 Jun 2009 20:53:17 +0000 http://www.juliansanchez.com/?p=3356#comment-8225 I think you are wrong about this. I am sure PETA will be filing many frivolous lawsuits if such suits are allowed. This could be a significant burden to businesses. Secondly, the power to dispute a regulation, is also the power to pass regulations by horse-trading. Sunstein can get regulations he wants by threatening to stifle some other desired regulation. Maybe he would not do this but it is not inconceivable. I think you are wrong about this. I am sure PETA will be filing many frivolous lawsuits if such suits are allowed. This could be a significant burden to businesses.
Secondly, the power to dispute a regulation, is also the power to pass regulations by horse-trading. Sunstein can get regulations he wants by threatening to stifle some other desired regulation.
Maybe he would not do this but it is not inconceivable.

]]>