Category: Courts and law
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Virginia Democrats Govern in the Service of Dogma and Power
by James C. Sherlock Socialism and communism are so 19th and 20th centuries. Under socialism, individuals would still own property. But industrial production, which was the chief means of generating wealth, was to be communally owned and managed by a democratically elected government. Socialists sought change and reform, but sought to make those changes…
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Virginians’ Money and Our Tax-Exempt “Public Charity” Healthcare Monopolies
by James C. Sherlock A generally accepted rule of thumb for the minimum profitability required for a hospital to maintain operations and fund its future is 3%. Virginia’s community hospitals as a group in 2019 had an operating margin of 10%. Most of them are filed with federal and state governments as not-for-profit public charities…
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Podcast: How the General Assembly Has Changed
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in Agriculture & forestry, Blogs and Blog Administration, Business and Economy, Civil Rights, Individual Liberties, Consumer Protection, Courts and law, Demographics, Economic development, Energy, Entrepreneurs and Innovation, Environment, General Assembly, Government Finance, Health Care, Housing, Immigration, Infrastructure, Labor and Workforce, Land use & Development, Politics, Poverty & income gap, Property rights, Public safety & health, Race and Race RelationsBy Peter Galuszka I haven’t contributed much to BR lately since I am slammed with non-Virginia work. I did manage to help out on a Podcast about how the General Assembly has changed the state over the last two years as Democrats have gained power. This Podcast is produced by WTJU, the University of Virginia…
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TJ High School Lawsuit Could Set Important Precedents
by Ilya Somin Last week, a group of primarily Asian-American parents filed a lawsuit challenging the constitutionality of new admissions policies at the Thomas Jefferson High School for Science and Technology, in Fairfax County. The case could end up setting an important precedent: Fairfax County Public Schools is facing a second lawsuit over changes officials…
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Northam Gets an Earful on Marijuana Legalization Bill
by D.J. Rippert Slow burn. The General Assembly passed marijuana legislation and sent it to the governor to sign. However, almost nobody seems satisfied with the bill as it is written. Now Governor Ralph Northam must decide whether to sign the bill, veto the bill, or ask for the bill to be amended. As he…
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WaPo Nabs Polk Award, Is Pulitzer Next?
By Peter Galuszka How ironical. Our esteemed Jim Bacon has been on a tear in recent months writing about media coverage of the problem of systemic racism at the Virginia Military Institute. Of special interest to Jim is the reporting of Ian Shapira, a Washington Post reporter who has been digging into the VMI. After…
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Certificate of Public Need’s Hall of Mirrors
by James C. Sherlock In Versailles’ Hall of Mirrors, everything is reflected hundreds of times. The mirrors were also a commercial. They represented an effort of Louis XIV to establish for France monopolies on the production of luxury goods. Virginia’s Certificate of Public Need (COPN) law and regulations represent a similar structure. Everything in the…
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Sentara and the Judge
by James C. Sherlock Updated Feb. 23 at 2:15 pm In an ongoing series of reports, Ray Locker, enterprise and investigative editor of the Checks and Balances Project, has exposed a story with far-reaching implications. Norfolk Circuit Court Chief Judge Mary Jane Hall sat in judgment on a case, Chesapeake Hosp. Auth. v. State Health Comm’r, in…
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Hey, ACLU: Forget the Fence, Go After Curfews and Booze Restrictions
by Kerry Dougherty Some of us have been waiting 11 months for Virginia’s legal eagles – especially the ACLU – to bombard the courts with a blizzard of challenges to Gov. Ralph Northam’s excessive executive orders that have stomped on the constitutional rights of millions of Virginians. Instead we mostly got crickets. For a time,…
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Fix Was In for VMI Contract, Lawsuit Alleges
by James A. Bacon In awarding a contract to investigate racism at the Virginia Military Institute, the Northam administration stacked the deck in favor of preferred vendor, Barnes & Thornburg, and stymied efforts by a competing bidder, the Center for Applied Innovation (CAI), to contest the award, alleges a suit filed by CAI in Richmond…
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Shredding Virginia Employment Law One Bad Bill at a Time
by Liam Bissainthe The Virginia state senate has blocked a bill that could potentially change the definition of “sexual harassment.” It would hold even small employers liable for comments defined as either “workplace harassment” or “sexual harassment.” Employers would held liable even for conduct that occurs “outside of the workplace,” and even for conduct committed…
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The Mythology of Robert E. Lee
By Peter Galuszka With excellent timing, the former head of the history department at the U.S. Military Academy at West Point has come out with a book about the mythology of Confederate Gen. Robert E. Lee and much of the White “Southern” culture. Retired U.S. Army Gen. Ty Seidule, a former paratrooper, has deep Virginia…
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Fixing the Outcome by Fixing the Rules?
by James A. Bacon What are the rules of the game in the state’s investigation of racism at the Virginia Military Institute? That question is now front and center, as has been revealed in an interim report released by Barnes & Thornburg, the law firm selected to pursue the investigation. Investigators have been sparring over…
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Virginia’s Legendary Corruption Blocks Antitrust Enforcement
by James C. Sherlock Readers of this blog have indicated an unquenchable appetite for information about and discussion of Virginia’s Certificate of Public Need (COPN) law and its administration. This essay informs on the negative impacts of the COPN law and the Virginia Antitrust Act (the Act) itself on the enforcement of antitrust laws against Virginia’s…
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Dysfunction Exposed in COVID Demands Overhaul of Virginia’s Government
by James C. Sherlock We all like to discuss the politics of things. That in many instances is appropriate. But political leadership is neither the problem nor the solution I will discuss here today. We will spend every day between now and November’s election debating how the politicians responded to COVID. And we should. But…