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Property Rights

Kansas Natural Resource Coalition v. Department of Interior

Bad rulemaking process threatens good conservation

In 2003, the Fish and Wildlife Service created the Policy for Evaluating Conservation Efforts When Making Listing Decisions (PECE Rule). This very helpful rule encourages states, local governments, property owners, … ›

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Personal Liberties

Linden v. South Dakota High School Activities Association

School’s “girls-only” dance team policy is a constitutional hustle

Fifteen-year-old Freddie Linden of North Sioux Falls, South Dakota, has been dancing since age seven. He is now an accomplished performer who competes nationally on a number of private dance teams. But Freddie cannot join his high school’s competitive dance team—because he is a boy. The South Dakota High School Activities Association established competitive dance as a “female-only” sport. The rule is a misguided effort to comply with federal Title IX requirement that violates Freddie’s constitutional right to equal protection of the laws.

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Personal Liberties

Robinson v. Wentzell

Required by state law, race-based quotas at Hartford, Connecticut, magnet schools deny Black and Hispanic students’ civil rights and chances for high-quality education.

Representing seven families, PLF sued to ensure that Black and Hispanic students have the same educational opportunities as all children in Connecticut. The City of Hartford runs a number of world-class magnet schools. These schools are so successful that demand outstrips the schools’ capacity, and a lottery is used to decide who can attend. But because state law imposes racial quotas on these schools—enrollment must be at least 25% white or Asian—Black and Hispanic students are denied admission if their enrollment at a school would raise minority enrollment above 75%—even if it means seats remain empty.

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Latest Blog Posts

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By James S. Burling

Weekly litigation report — April 21, 2018

Florida turns a deaf ear to economic liberty Today we filed this complaint in Taylor v. Pohill, which challenges Florida’s outdated licensing requirements for sellers of hearing aids.  Our client, … ›

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By Timothy R. Snowball

Can you hear me now? PLF’s Challenge to Florida’s Outdated Hearing Aid Licensing Laws

The story of America is in part the story of entrepreneurs. Men and women doing their best to make an honest living while providing valuable goods and services. The result … ›

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Op-Ed

Washington Post: It’s time to end Virginia’s prohibition on happy hour promotions

Published in The Washington Post April 19, 2018. It’s easy to understand why restaurateurs and bar owners like hosting happy hour: The specials bring in more customer traffic at non-peak … ›

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By Joshua P. Thompson

Opening brief filed in challenge to Wisconsin’s butter taste test

We filed our opening brief in the appeal to our challenge to Wisconsin’s irrational butter grading law. I have written about this case a number of times, but the essence … ›

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By Timothy R. Snowball

The plot to regulate California home schools

When state legislators attempt to enact laws that burden or break our constitutional rights, they often cite concerns related to the “health, safety, and welfare” of the public. And while … ›

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By Damien M. Schiff

Preble’s delisting petition denied

Today, the U.S. Fish and Wildlife Service published its denial of PLF’s petition to delist the Preble’s meadow jumping mouse from the Endangered Species Act. The short finding makes two … ›

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By James S. Burling

Weekly litigation report — April 14, 2018

Complaint filed to stop South Dakota from banning boys from dancing On Thursday we filed our initial complaint in F.L. v. South Dakota High School Activities Association. Freddie Linden is … ›

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By Jonathan Wood

A postscript to the Utah prairie dog case: federal agency embraces state-led reform

For decades, a federal agency had forbidden people in southwestern Utah from doing things that most of us take for granted in our own communities, like building homes, starting businesses, … ›

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By Damien M. Schiff

Did Justice Scalia support the “continuing violation” theory?

An important tool that the government and environmental groups use to sue landowners for alleged and long-ago discharges of pollution under the Clean Water Act is the so-called “continuing violation” … ›

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Case Updates

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