Transit - a Libertarian Heresy.... Click HERE to Bring Up Full Post

My selfish dream is that Maryland may one day reestablish passenger train service throughout much of the state. MARC and Amtrak do run into Western Maryland and on the Northeast Corridor route; MARC also runs trains on the Camden line between Baltimore and Washington.

There was a time when trains ran routinely up the North Central line from Baltimore to Harrisburg; the current light rail line and North Central Trail are built along much of that right of way. One could once take a train from Baltimore to the state capitol and even locally within Annapolis out to Hillsmere Shore beyond the city limits. Rail lines cover much of this state, even the Eastern Shore, but almost no passenger service within Maryland exists any more.

If you go to Philadelphia, you immediately see how sad the situation truly is in Maryland by comparison. Philadelphia has a real working transit system, with multiple subway lines, light rail lines and commuter trains running throughout the metro area. There is even a train in New Jersey running between nearby Camden, New Jersey and Trenton, without even entering the center of the metro area.

We are about 40 years behind Philadelphia, if the Baltimore Rail Plan is fully implemented. Note that I said "Rail Plan"; the Ehrlich administration has made efforts to replace rail with bus rapid transit.

Some strict libertarians may be scandalized by the notion that a libertarian might support a public transit system, especially one that probably will not pay its own way. The Crab is not as strict a libertarian as some; the Crab believes that certain infrastructure projects are legitimate targets for central planning because they are the most efficient means of solving an insoluble problem.


Oil has externalities, i.e. nasty side effects, such as pollution, geopolitical vulnerability and, arguably, September 11. Traffic congestion is an externality on all of us; it taxes time and mobility. While congestion pricing (tolls) can stop some of the effects of rush hour, we don't really want the externality of a toll booth on every block or GPS devices tracking our driving and billing us for our commutes, do we?

Do we want to say that only those who can afford either expensive cars or expensive cab rides should be mobile? Do we want to lower the "agglomerative economy of scale" of urban economics solely through the construction of highways and parking garages instead of cafes, shops, offices and restaurants? Cities work because of the aforementioned "agglomerative economies of scale," i.e. big and crowded with people works for courthouses, cafes, tourist traps, hotels and conference centers, etc. Getting rid of garages (or reducing the net need for them) improves a city's ability to be a city as such.

I don't think that there is a libertarian in New York or Chicago who really wants the subways or the L to shut down and the funds returned to the taxpayer. If I am wrong, please let me know.

RSS Feed/atom.xml Click HERE to Bring Up Full Post

Please note the RSS Feed link in the sidebar; please email me if you have any difficulties with it. Thanks to NS for his note re same.

Crabpot - High Quality Political Blogs Click HERE to Bring Up Full Post

This is the first episode of Crabpot - a more random entry of disparate items not related to the central theme of Crablaw.

As a libertarian, the Crab wants to take care of the "home team" and to support fellow bloggers of like mind. I respect in one narrow sense the fighting spirit of the Militant Libertarian but it is hard for a thirty-six year old with a wife, now two kids, a mortgage and 40 active litigation and drafting legal clients to take seriously a blog whose tagline is "Give Me Liberty or Eat Lead." One excellent libertarian blog is Samizdata which addresses in some sub-blogs issues involving surveillance policies in the UK as well as civil liberty issues generally.

Talking Points Memo provides an amazing level of detail and responsibility in its presentation of national political issues and inside-baseball Beltway gamesmanship. Owner/Editor-in-Chief Josh Marshall was an acquaintance of the Crab at Princeton University in the late 80s. Marshall has put together a clean, sharp, witty and responsible critique of national politics from a moderate-left perspective, with particular attention to the play-by-play politics of Social Security in recent months. Marshall works very hard, almost fanatically it seems, although one suspects that now that he has just gotten married, his time will be tested more severely than it has been in the recent past. G-d help him if he should become an expectant Dada.... Highly recommended.

I do not personally like the layout of InstaPundit but it delves deeply into intellectual property and privacy issues as well as conservative political issues more generally. Recommended as to content.

Crablaw Editorial Policy Click HERE to Bring Up Full Post

Crablaw.com exists as a commentary on law and life in Maryland from the perspective of one practicing Maryland attorney and life-long resident, aka "the Crab."

It is intended to be accessible to the public at no charge but it is not a "public forum." Accordingly, certain editorial guidelines will apply to comments posted.

1. Crablaw will delete any comment threatening or advocating any criminal act or advocating the overthrow of the United States or any subdivision within it. Crablaw does NOT intend to spend time talking with Homeland Security.

2. Crablaw will delete any comment containing vulgar or obscene language or inappropriate sexual content. The Crab likes a filthy joke as much as the next bottom-feeding crustacean but let's keep it clean here for the kids.

3. Crablaw will delete posts which appear to subject Crablaw to any risk of any subpoena. The Crab does not have time to get his own subpoenas served, much less to respond to others' subpoenas or to file motions to quash on his off time.

4. Crablaw will delete posts that do not appear relevant to the subject matter of the post to which they attach.

5. Crablaw will NOT delete posts merely because they are cantankerous or contrary to the political or social views of Crablaw. Crablaw appreciates and will praise comments that show how Crablaw missed the mark or otherwise eloquently state a view that opposes Crablaw's views. The Crab has been wrong before and undoubtedly will be wrong again.

Thanks for your interest and enjoy.

Chicken Necker - Rep. Tom DeLay Click HERE to Bring Up Full Post

The Terri Schiavo case has been the source of the sort of politics that harden libertarians, make us exceptionally crabby and extreme. Who can look upon the spectacle of Tom "the Hammer/Enforcer/Hack" DeLay humiliating the husband of Terri Schiavo from the protected, slander-proof pedestal of the Congress of the United States and see any reflection of the "culture of life" about which so many Americans care in good faith? Who can see anything but the crass explotation of one woman's suffering for a short-term, shameful political (i.e. cash) booster shot from the right wing of the right wing of the right wing?

The Republicans claim on alternate Tuesdays to be the party of state's "rights" [sic] and of small government. What is small about federal intervention in a Florida feeding tube case? What respect is the Republican Party showing to the courts of Florida? Nineteen prior courts have ruled under Florida law and procedure in favor of Michael Schiavo's petition. But like third graders on a playground, the Republicans want a "do-over" to exploit.

Perhaps the only good that will come out of this human catastrophe and this colossal political monument to crassness and bad taste is an increased interest among Americans in living wills and durable medical powers of attorney. The laws on these matters differ state by state (that is, until Tom DeLay gets his way) but you can examine Maryland's laws at this Attorney General overview on the topic, as well as find forms for an advance directive, a living will and organ donation. In general, Maryland law is respectful of libertarian principles on this point.

Libertarians should thank Tom DeLay for providing such a clear cut example of why a libertarian political movement, despite the obvious difficulties, is absolutely necessary. I hope that the LPUS will take appropriate advantage of this opportune moment. In honor of Tom DeLay's bombastic sleaze, he is the first Chicken Necker.

Some Happy Personal News Click HERE to Bring Up Full Post

The Crab is overjoyed to note the healthy and happy arrival of his son Noah on March 21, 2005 at 11:12 AM. Mrs. Crab is likewise recovering well from her caesarean section and mother and baby are due back home on Friday.

Comment Posting Click HERE to Bring Up Full Post

The Crab welcomes comments and criticism; please email the Crab with your friendly support, your helpful criticism and your most bitter hate mail.

The Crab has no problem taking on someone who has presented himself as a general purpose public figure or a limited purpose public figure, or any person who has thrust himself into a public forum or into a subject of bona fide public debate. Private people engaged in no public issue are another matter.

Since one recent comment compromised the privacy of a purely private individual, the Crab will suspend reader comment posts until he can come up with an editorial policy that will promote robust debate of public issues while respecting the dignity and privacy of private persons not engaged directly in public issues. The Crab will consult with some members of the mid-level "blogerati" for guidance.

Please email me your concerns, your critique and your bitter gall as appropriate.

Giannetti Wobbles But He Won't Fall Down Click HERE to Bring Up Full Post

Bill Clinton has nothing on State Senator John A. Giannetti, Jr. for endurance and resilience.

Giannetti represents Maryland's 21st Legislative District in greater Laurel. He is a relatively conservative Democrat; liberal-left elected officials from neighboring districts have made his life fairly difficult. Giannetti seems to have a knack for getting tough press, a hostility probably induced by his clear political ambitions, his youthful, clean-cut looks and his general upbeat demeanor (and the jealously of the aforementioned activist left.)

Giannetti and I attended law school together. Giannetti ran for the Maryland House of Delegates while the rest of us were studying for the Bar Exam. While we were still in law school, the law school newspaper ran articles against him regarding a connection between his small publishing/media outfit and the student government which he helped run. I served in that student government and found the charges to be bogus; the contracts in question were for fair value and no regulations were violated to the best of our knowledge. Nonetheless, it was an unpleasant time. Giannetti, in characteristic good humor, proceeded to make a "Law School Follies" video of himself taking alleged bribes in the law library, engaging in corruption out at Fort McHenry, etc - a total riot. While Giannetti lost his first race, he won in 1998 and then ran successfully for the State Senate in 2002.

Since then, Giannetti has stepped up on several issues including toughening Maryland's drunk driving laws, opposing an assault weapons ban and other issues. On the latter point, Giannetti wisely questioned the usefulness of a specifically "assault weapons" ban when other non-"assault" weapons were equally violent. On the former point, he supported legislation to make it illegal - actually criminal - to refuse a breathalyzer test on a DWI stop.

It was unfortunate that Giannetti's wife recently received a DWI charge and refused a breathalyzer, allegedly after calling Giannetti on the phone to ask for advice. The Crab does not know what advice, if any, Giannetti gave his wife; that would appear to be lawyer-client privileged in any event. It is the duty of every lawyer, however, to advise a client to exercise all provisions of the law that protect a client's interest, including the right to refuse a breath test. It is hard for me to believe that Giannetti would fail to give the advice that most competent attorneys in Maryland would give, especially when he has to eat breakfast the next morning with his client. Opponents of Giannetti - left and right-wingers both - have lambasted him for not committing attorney malpractice. Had he committed that malpractice, maybe they would be trying to get him suspended from the practice of law by the Maryland Attorney Grievance Commission and our Court of Appeals, for "betraying his wife and his Lawyer's Oath to protect his political ambitions."

Giannetti has had some other scrapes, including a Terps tailgate party with alcohol (egad, students drink??) and others. What is important about Giannetti is that while he may seem to have the anti-Midas touch - like all of us, some days every thing he touches seems to turn to cow dung - he is a decent fellow with some libertarian tendencies. Why he even wants public life at all is a mystery to me, but we libertarians do far worse with many of the left-wing and right-wing lunatics down the hall and across from him in Annapolis.

Like the infamous Weebles from Hasbro, he may wobble but he won't fall down.

Slot Machines in Maryland Click HERE to Bring Up Full Post

Everyone has put in his two cents on this topic; why shouldn't the Crab?

Once upon a time in Maryland, slot machines were reasonably common. Route 301 south of Waldorf in Charles County was infamous for such machines. Truckers going north to Philadelphia or New York from the South (before the creation of the Interstate Highway System) would stop through the restaurants and honky-tonks and play the slots. Then the State of Maryland decided to "get moral" and shut them down. To this day, only a few slot machines exist legally in Maryland, and they are in fraternal lodges on the Eastern Shore.

If you look pull up the Maryland Annotated Code, Criminal Law article, you will note that the section on "Gambling" is enormous, containing many state-level laws governing county-by-county gambling laws. Maryland is somewhat unique for state-level legislation of local practices; home rule is not an honored tradition in our state and Maryland has the lowest degree of municipal incorporation in the U.S. Baltimore County and Howard County have no towns or cities; Towson and Ellicott City are not cities, but zip codes. Not only must local towns defer to the counties, the counties are often preempted by the State.

A Brief History: The State created the Maryland lottery in 1972. The Crab recalls his grandmother in Annapolis looking forward to seeing the three-digit lottery result displayed before or after "Bowling for Dollars" and "Pinbusters" around 7:30 PM. Back then, viewers would wait for a three-digit game. Now we have pick three, pick four, mega millions and games which the Crab does not even understand.

After introducing the "Keno" bouncing ball tickets, the State of Maryland is about to venture into the slots business to compete with Delaware and West Virginia, whose slots parlors cater to travelling Marylanders. An informal survey taken by the Crab at Delaware Park one evening showed that approximately 50% of the plates were Maryland issued. It is probably the case that more of those Maryland cars carried two adults on extended travel, whereas a Delaware plate might represent a solo gambler, but that is a conjecture. The Governor wants the money spent here.

The slots debate is awkward for a libertarian. The basic premise, "Let adults choose adult behavior without interference," is nowhere in the Maryland slots debate. A truly libertarian government would tax a slots parlor on the same principles as a tire-retreading plant or a pizza shop, if at all, but would otherwise leave it alone. What the advocates of slots want is a State monopoly on slots; what the opponents want is a continued State ban on slots (minus presumably the de minimis slots in lodges in the Shore.) No one except libertarian fanatics like the Crab wants freedom of individual choice enough to permit or even discuss any less restrictive choice.

Ultimately, slots are a tax either on stupidity, entertainment or self-deception. Any adult who remains willfully ignorant of the basic economics of slots arguably deserves no condescending protection from liberal do-gooders looking to "protect the poor [and presumably invincibly ignorant]" from themselves. Likewise, adults who deceive themselves about "their luck" at the slots are probably deceiving themselves about the rest of their lives as well. One can debate whether it is better practically for the government to sponsor a forum for self-destruction by self-destructive people, whether "we" will inevitably wind up taking care of the same self-destructive people or their children with or without slots.

One does not need slots to self-destruct. The Crab mentioned in a previous post how even a well-regarded attorney can (and did) self-destruct, by dishonesty and self-deception, rather than by the Pick Three or by the slots. Many people self-destruct in other ways. Ultimately, one cannot count on the government either to define or protect personal morality in any reliable way, not that the government will stop trying.

What is most troubling is the idea that gambling - a "negative expectation" game" - is a fair substitute for taxation. There is an argument that any government spending that requires gambling as its base should not happen. If the citizenry cannot support a valuable public project without engaging, directly or indirectly, in a "something for nothing" psychology - either by taxing "someone else" or by taking the money from people who were themselves engaged in the effort to get "something for nothing" - maybe that is circumstantial evidence that the government is spending too much money. If user fees or broadly accepted taxation cannot pay the bills, maybe the bills need to be trimmed. As a libertarian, the Crab is opposed generally to taxation but taxation is at least direct and honest. Gambling in practice is more hypocritical; it tells the both the gamblers and the non-gamblers that the "something for nothing" psychology is central to public policy and public finance. That psychology is arguably more damaging to the libertarian dream than Maryland's income tax.

A New Law Against Sexual Predators? Click HERE to Bring Up Full Post

There is a Bill in the Maryland General Assembly which deserves to be passed into law.

Readers of Crablaw may note that Maryland law provides a relatively short statute of limitations for a civil suit against a sexual predator against a minor. While there is no statute of limitations for a felony in criminal court, the civil statute is quite short.

What makes this situation especially perverse is that a survivor of sexual abuse can go to lawful authority (rather than shoot the perpetrator in broad daylight a la Dontay Stokes) to report a felony, but if the prosecutors lack the nerve to go forward, the perpetrator can sue the survivor, while the survivor cannot countersue for battery. This is not a theoretical case; this perversion of justice is occuring in one such case in the Baltimore County Circuit Court RIGHT NOW.

Delegate Curt Anderson of Baltimore City has sponsored House Bill 1376 which will not eliminate the statute of limitations entirely, but will extend it until the survivor is 46 years old. Crablaw Weekly stands 100% behind this bill and we urge you to support its passage.

The bill is facing some resistance from the lobbyists for the Roman Catholic Church; the Bill will not "pass itself."

How you can help:

This interactive map will help you find your Delegate and Senator and call her or him to express support for this bill, or hand write him or her a note. They really pay attention to handwritten letters when written legibly in blue ink (not xeroxed.)

This link will let you email your delegate.

This is a link to Delegate Anderson's webpage; his office's phone number is 1-800-492-7122, ext. 3291 (toll free).

HB 1376 is a webpage about the bill itself.

Thank you.

Disbarment Click HERE to Bring Up Full Post

The Crab was licensed in December 1994, having gone straight from college to law school. From the Crab's law school graduating class, three lawyers have been suspended indefinitely or disbarred from the practice of law.

Recently the Crab learned of another fine lawyer - an attorney known for integrity - whose professional reputation for ethics and integrity has been irrevocably stained through dishonesty. That attorney is very likely to be disbarred, according to the Crab's reading of case law and the facts known or suggested to the Crab. The attorney - a family man with children and a mortgage - has been a pillar of his religious community and a leader in his firm. The Crab does not cry often, but he did for a moment on hearing of this loss.

Maryland attorneys should be fully aware of Fellner v. Bar Association of Baltimore City, 213 Md. 243 (1957), in which the Court of Appeals disbarred an attorney for stealing nine dollars worth of parking meter time through the use of thirty-six slugs in place of quarters. That case seemed to suggest that the pettiness of dishonesty actually made it more necessary to disbar the attorney; even an honest man might be tempted to steal $1 million, but stealing nine dollars indicates, well, something else.

The Court of Appeals has repeatedly stated that the purpose of disbarment is to protect the public, i.e. restraint or deterrence, not punishment. Nonetheless, the suicide rates among disbarred attorneys are very high.

One of the most frightening things about the disbarred attorneys is that they look and sound no different than any other attorneys. There is no obvious chasm between the "disbarred" and the practicing attorneys; disbarred attorneys do not walk around with a scarlet "D" on their forehead. There but for the grace of G-d, (or one's calendar, or TimeSlips, or the telephone memorandum) go many of us....

Crab License Plates Click HERE to Bring Up Full Post

An idea whose time has come (or maybe come and gone?)

The State of Maryland should consider issuing license plates in the shape of a crab. A crab with outstretched legs is roughly rectangular, enough to make it work.

In the Northwest Territories of Canada, that territory's polar bear plates are highly prized - so much so that when that territory was split into two territories a couple of years ago, the question of "who gets to keep using the the polar bear plates" was a serious negotiation point.

Crab plates would help solidify Maryland relatively weak identity as a state. If you attended elementary school in Maryland, you know the cliche of Maryland as "America in Miniature," meaning that Maryland has little or no state identity separate from that of the rest of the United States. An excellent history of Maryland is Maryland: A Middle Temperament 1634-1980, manifesting Maryland's refusal to stick its neck out very far. How strong a state identity can we have when the "despot's heel is on [our] shore" and half of the state's workforce works directly or indirectly for the federal government or for other people who do? Area Code 301 in particular is where the federal government sleeps.

Crab plates could go a long way to highlight a prominent economic, environmental and recreational asset of the state, one that symbolizes a way of life that has seen better days but nonetheless thrives, one that could raise a large amount of voluntary revenue. I don't know how many Marylanders get thrilled with the dull, artsy looking plates saying "Treasure the Chesapeake" or some such with a blue-green bird on them; a crab-shaped plate would easily raise 5 million dollars, if a $20.00 surcharge were laid and a quarter million were sold.

If the plates were solid cooked-crab red-orange, that would be great; safety and ID concerns may make a blue crab design better. The current dull white plates with the state flag are a waste of an opportunity. I would also favor the phrases "Ain't the Beer Cold" and "From the Land of Pleasant Living", but those phrases are arguably the property of the Estate of Charles Thompson, R.I.P. and National Bohemian. (It might also be a poor choice to refer to beer on a license plate, for obvious reasons.) Would be best if the plates were shipped with an honorary can of Old Bay Seasoning and/or wrapped in old newspaper.

If Transportation Secretary Flanagan backed the idea, it might help him overcome some "recent unpleasantness" regarding the ICC, relatively weak public transit plans for the Baltimore metro area and some unwanted press of late about the Port. I would be delighted if the Governor and the General Assembly were to fight over who gets credit for inventing the plates; as a registered Libertarian, I have no stake in that outcome.

I have the feeling that I am not the first to come up with this idea. Seems so obvious.

Easy Cases Make Bad Law Click HERE to Bring Up Full Post

In Gwin v. MVA, the Court of Appeals upheld the MVA's duty and authority to deny a license to a driver whose license had been revoked in Florida after a fourth DWI.

At first glance, this seems like an easy case. As a usually liberal colleague noted, who the hell wants a four-time drunk on the highway?

Upon further review, however, the ruling is troubling. The reasoning for this decision was not the threat to the people of Maryland or Maryland's interest in public order. Instead, the Court of Appeals upheld a Maryland statute that disqualified any Maryland resident from getting a driver's license if that driver had been revoked anywhere in the United States - even if the driver has surrendered all contacts with that State and even if Maryland would not revoke a driver for the equivalent conduct here.

This case is now precedent for the principle that the nation's nastiest, least lenient states now set the rules for Marylanders. If, say, North Carolina issues a permanent revocation against a driver who moves to Maryland, the Marylander cannot get a North Carolina license due not only to a revocation but also to the fact that the driver is not a resident. This attorney has assisted Marylanders in begging out of state authorities to lift revocations imposed for offenses which, in Maryland, would be relatively minor or manageable. Maryland has thus adopted the "Boss Hogg" standard for Marylanders who once lived elsewhere; long after the Georgian has left Georgia's highways, people and protection, the Georgia (or California or Montana) impediment will continue to make a Maryland driver either a pedestrian or a criminal.

What is ironic is that the very statute that allows for the interstate collection of driving data, the Interstate Driver License Compact sets a one year cap on out of state revocation reciprocity, but allows states to opt for a more severe reciprocal sanction. The Court of Appeals has interpreted Maryland's Code to impose a lifetime reciprocal sanction, on drivers who may be guilty of relatively minor violations for which Maryland itself would not revoke directly.

This is a peculiar way for a small state to wound not only the liberty of its citizens but its own control and respect for its own public policy. If Maryland says that, say, reckless driving is not a revocable offense, why would Maryland absolutely allow Georgia or Maine to revoke Marylanders for life for such an offense?

The reality is that a driver's license is a poor choice for state-level administration. Most Marylanders live within an hour of the state line, probably 2/3 live within a half hour. The operation of motor vehicles is a classic example of interstate commerce in people and goods, especially when one considers that the driver's license has become the de facto identification marker for the American citizen. Most journeys above 15 miles in Maryland involve the Eisenhower Interstate System - the Beltways, I-95, etc. The time for federal drivers' licenses has come. Certainly a federal driver's license cannot be more offensive to state sovereignty than the farcical result of the Gwin case.

The proverb is that hard cases make bad law, but sometimes easy cases make worse law for the harder cases.

Office Organization Click HERE to Bring Up Full Post

The Crab has found office administration, management and organization to be the toughest things about the practice of law - tougher than crazy clients, asinine opposing counsel, rude, petty judges or the traffic on the west side of the Baltimore beltway. Staying on top of things is tough, especially in the Crab's practice where multiple work, docketing and data tracking systems often run in parallel.

The law itself is not hard; keeping on top of all deadlines is quite hard.

The Crab would be very greatful for comments about law office management, practice mansgement, deadline tracking and workflow efficiency. Please comment freely; open invitation, with gratitude.

The Mallet - China Best Click HERE to Bring Up Full Post

China Best is an excellent, reasonably priced sushi and Chinese buffet in Owings Mills. Unlike prior Mallet entries, China Best is not located near any particular courthouses or other government agencies. Local practitioners recall the former Owings Mills courthouse off of Painters Mill Road; it is no more. China Best, however, endures.

Lunch is excellent, with 20-some varieties of maki sushi, 8 Chinese entrees and several assorted salads. Dinner is a bit pricier but with an even broader variety of nigirizushi. Delicious, reasonably priced for lunch and very nice overall. The staff and owners are warm; a Chinese-English "God Bless America" sign appears on the wall along with a number of wry jokes a la Internet email chains. Good homey place, good for a quiet meeting with a friend, although for a business lunch I might suggest somewhere more stiff. Highly recommended.

China Best
9958 Reisterstown Road
Owings Mills, MD 21117
(410) 363-8160