Learning New Tricks: Lessons from the Animal Rights Movement

Justin, this was an edifying read. Three points: First, to piggyback off Eben's point about availability, I'll add my skepticism about the mechanism outside of a few states. California is, at least as far as I know, notorious for its ballot initiative system and the response it generates. In recent elections gay marriage related ballot initiatives in many states have generated a lot of headlines. But are ballot initiatives effective in every state? To be honest, I don't think New York state's ballot initiatives inspire nearly as much passion as they seem to do elsewhere. Then again that maybe because New York State's wonderfully corrupt government has eviscerated the mechanism. I don't know.

Second, Eben, aren't consumer protection laws typically state level legislation? Would that be a possible vehicle for pushing the privacy envelope at a local level?

Third, Justin, great point about simple language. Legalese is an incredibly frustrating barrier for non-lawyers. That being said, I'm curious if there's been subsequent litigation in states where some of these animal rights initiatives have passed in an attempt to define around the language of the initiative, as lawyers and their clients are so often wont to do. This to me seems to be the achilles heel of any call for plain language in the law - "plain" language is often subject to brutal torture at the hands of common law judges.

-- RazaPanjwani - 11 Aug 2009