Articles

Since 1894 Americans have celebrated the first Monday in September as a national holiday.  Although its precise history is debated, all agree that the holiday was intended to honor workers and their contributions to society.  Its addition to the calendar signifies the growth of labor unions and is a lasting tribute to the late 19th … ...

At PLF, we support equality under the law.  Indeed, we have a whole project area dedicated to it.  This should NOT be confused with ecomonic equality.  Our friends at FEE, the Foundation for Economic Education, put together this nice video explaining why economic equality is not desirable. … ...

Last week, I reported that the federal government’s merits brief in Arkansas Game & Fish Commission shed very little light on the question whether recurring flood invasions must continue permanently to take property within the meaning of the Takings Clause. Unfortunately, the two amicus briefs filed in support of the federal government of ...

PLF attorneys recently filed an amicus brief supporting Oregon state officials and several timber companies in the U.S. Supreme Court case Decker v. Northwest Environmental Defense Center.  This is the case in which the Court is being asked by the environmental group Northwest Environmental Defense Center to overturn a decades-old rule that exempt ...

On Monday morning in Las Vegas, the Ninth Circuit will hear the consolidated appeals of the federal government and its environmentalist supporters challenging Judge Oliver Wanger’s decision to overturn the Delta smelt biological opinion.  These appeals promise to be precedent-setting, as Judge Wanger’s decision was one of the first to ...

For the past few days, SCOTUSblog has been running a very interesting symposium on Fisher v. University of Texas.  Today, long-time PLF friend, Roger Clegg, offers this excellent contribution.  In addition to Roger’s excellent submission, UCLA Professor Richard Sander, another friend of PLF, discusses mismatch theory and offers some suggest ...

The Fourteenth Amendment’s Due Process Clause says that no state shall deprive any person of property, without due process of law.  One question that sometimes comes up is, What is “property”?  It’s important to know the answer, because “property”—and the rights inherent in owning property—are protected by ...

Superhero films like The Avengers and The Dark Knight ruled the silver screen this summer. Millions of Americans escaped into cinematic worlds where daring guardians protected society from harm. Given the current economic climate, Americans could use a fleet of real-world fiscal Superheroes. Fortunately, America is already equipped with this its ow ...

This morning the Ninth Circuit heard argument in the consolidated Delta smelt appeals.  At issue was Judge Oliver Wanger’s decision overturning the 2008 Delta smelt biological opinion, authored by the U.S. Fish and Wildlife Service.  The appeals raise extremely complex scientific and administrative law issues, and that complexity was made c ...