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Month: January 2011

January 31, 2011

David Mayer on the right to earn a living

Author: Timothy Sandefur Prof. David Mayer of Capital University speaks about his new book, Liberty of Contract. ...

January 31, 2011

Court rejects environmental "Chicken Little" arguments in PLF victory

Author: Daniel Himebaugh Today, the Washington Court of Appeals upheld San Juan County property owner Chris Hughes' permit to build a single-family dock.  Last spring, PLF filed an amicus brief supporting Hughes in his struggle to defend the project from an environmental group that alleged that the dock would spark global eelgrass decline ...

January 31, 2011

Florida district court finds Individual Mandate unconstitutional

Author: Timothy Sandefur Here’s the decision. I have not yet read it. When I do, I will have post comments here. Judge Vinson’s decision is a very thorough, well-written, and interesting one, which I think every interested citizen should read. Judge Vinson clearly knew his opinion would be read by many non-lawyers, and it is ...

January 31, 2011

PLF says feds are illegally speeding in push for greenhouse regs for vehicles

Author: Ted Hadzi-Antich Pacific Legal Foundation has called on the Obama Administration to halt its illegal rush to implement greenhouse emissions rules for heavy duty and medium duty vehicles.   The proposed standards should be submitted for independent scientific scrutiny, as required by law, and comply with mandated procedures ...

January 28, 2011

Property rights buzz kill

Author: Natasha Greer PLF has just filed a complaint against Humboldt County on behalf of Scott and Lynn Powell, who live near the Arcata-Euerka Airport. The County is forcing them to attain a building permit for their covered porch and carport, but is refusing to approve the permit until they surrender their property rights. ...

January 28, 2011

Florida ObamaCare case to be decided Monday!

Fox News is reporting that federal Judge Roger Vinson is expected to issue a decision in Florida's constitutional challenge to the Obama Administration's health care law on Monday. That is the case in which 26 states are plaintiffs. ...

January 28, 2011

An alfalfa update

Author:  Damien M. Schiff I've reported here before on the legal controversy surrounding Roundup Ready Alfalfa, a controversy that went all the way to the Supreme Court last year in Monsanto v. Geertson Seed Farms.  The dispute was over the Department of Agriculture's decision to allow wide use of a genetically modified type of ...

January 28, 2011

What Healthcare “Market”?

Author:  Anne Hayes Progressives are often fond of claiming that the free-market, despite all evidence to the contrary, does not "work"– a term placed in quotes because it is not always clear what progressives consider success.   For the most part, however, free-market systems indeed "work" with respect to any number of goods an ...

January 27, 2011

California’s Unfair Competition Law…is still unfair

Author: Timothy Sandefur The California Supreme Court today decided a case involving Proposition 64—the initiative enacted in 2004 to scale back abuses of the state's Unfair Competition Law (also known as section 17200). That law was so broadly written that it allowed people—or rather, plaintiffs' lawyers—to sue businesses for virtually anyth ...

January 27, 2011

How not to fight ObamaCare

Author: Timothy Sandefur Opposition to the Obama Administration's health care mandate has taken many forms; more than half of the states are now suing the federal government, and the House of Representatives recently voted to repeal the law. It's gratifying to see the seriousness with which so many people are taking the constitutional issues at ...