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Month: December 2009

December 30, 2009

Other people's money: Davenport back in state supreme court

Author: Daniel Himebaugh The Supreme Court of Washington has once again granted review in Davenport v. Washington Education Association, a case that began as a class action on behalf of public school teachers almost ten years ago. In 2007, PLF supported the teachers as amicus curiae at the U.S. Supreme Court, where the Court upheld ...

December 29, 2009

60 Minutes recap

Author: Brandon Middleton Aquafornia has posted several reactions to the 60 Minutes story on California's water crisis. ...

December 28, 2009

High Court to Consider Government's Low Tactics

Author:  Steven Gieseler That's the title of my column posted today on the American Thinker's website.  The tactics in question are the subject of a petition to the United States Supreme Court, filed by PLF attorneys, seeking review of a particularly egregious federal abuse of the eminent domain power in South Florida. On ...

December 28, 2009

U.S. Fish and Wildlife Service Plans Regulatory Overhaul of ESA

According to the NYT, the Fish and Wildlife Service is considering "wide-ranging revisions" to the 1973 Endangered Species Act: "Efforts to make major changes in ESA have not gone far in the past, in part, because of strong feelings about the law from both landowners and environmentalists. "Western Republican lawmakers, landowne ...

December 28, 2009

CBS's 60 Minutes: "Why California is Running Dry"

Author: Brandon Middleton For those interested, Aquafornia has the clips of last night's 60 Minutes segment on the California water crisis. ...

December 25, 2009

Happy holidays to all friends of freedom!

All of us here at Pacific Legal Foundation would like to extend our sincerest wishes for a warm, relaxing, and happy holiday season to all our friends and supporters out there. May 2010 be a great year for freedom! ...

December 23, 2009

The two big problems with the Indiana bat decision

Author: Brandon Middleton In response to a federal court's decision to halt a West Virginia wind energy project due to the potential resulting harm the project may have on Indiana bats, the Baltimore Sun's Tim Wheeler asks what the ramifications of the court's decision will be for simlar projects in Maryland: "Will opponents of win ...

December 22, 2009

Post-Kelo reform still blighted

Author: R. S. Radford In the 2009 volume of the Supreme Court Economic Review, Vanderbilt professor James W. Ely, Jr., takes a look at political responses to the Supreme Court's horrendous decision in Kelo v. City of New London, and generally finds them lacking. Kelo, for those who may have slept through the past five ...

December 22, 2009

Adieu Process: Court of Appeals favors post-hoc agency rationale over due process

Author: Brian T. Hodges Earlier this week, Division I of Washington's Court of Appeals issued a decision expanding government agencies' authority to enforce vague laws against its citizens that should send a shiver down our collective spines. Until yesterday, our courts held that a basic tenet of the constitutional guarantee of due process is that ...

December 21, 2009

My article on McDonald

Author: Timothy Sandefur At VC, Dave Kopel very kindly pointed to my forthcoming NYU Journal of Law & Liberty article, noting that it "provides the best collection of citations and sources in  defense of the theory that, long before the 14th Amendment was written, it was widely understood that the principle of "due process" substanti ...