Articles

The latest issue of The Texas Review of Law & Politics has appeared. It includes my article, “So It’s A Tax, Now What? Some of The Problems Remaining After NFIB v. Sebelius,” in which I make the argument that if the Individual Mandate penalty of Obamacare is interpreted as a tax, as the Supreme Court … ...

Today, in Sears Roebuck v. Butler, the United States Supreme Court vacated the Seventh Circuit’s decision that permitted a class action against Sears, over alleged moldy smells emanating from certain washing machines and sent the case back to that court for reconsideration in light of a recent Supreme Court decision (Comcast v. Behrend) that ...

In an emergency pleading filed Friday afternoon with a Nevada federal judge, PLF attorneys are asking for a temporary restraining order to prevent the government from shutting down Reno entrepreneur Maurice Underwood’s small business. Underwood is the owner of Reno Movers, a small company that has helped thousands of Nevadans move—but he do ...

It’s June, and that means Supreme Court season. Over the coming weeks we’ll be looking for decisions in some crucial cases involving constitutional protections for property rights, racial equality, and other matters central to PLF’s mission. Here’s what we’re waiting for: … ...

PLF’s Economic Liberty Project has taken several cases throughout the country that challenge protectionist occupational licensing laws in the moving industry–our latest being Underwood v. Mackay. Last week we filed an emergency pleading in that case, in which PLF attorneys are asking for a temporary restraining order to prevent the gove ...

Some cases are ready made for Supreme Court review, like American Independence Mines v. Department of Agriculture.  That case presents the question of whether those who have an economic interest in a federal action have standing to sue and enforce the National Environmental Policy Act (NEPA).   The Ninth Circuit said “no,” but that de ...

After a severe storm destroyed numerous homes on Plum Island (Massachusetts), owners sought permits to rebuild.  The local authorities approved the permits, but the Massachusetts Department for Environmental Protection (DEP) intervened.  DEP imposed two conditions on permits to rebuild:  One condition required waiver of the right to ever build ...

Readers of the Liberty Blog will recall when Prof. Timothy Jost—perhaps the most prominent defender of Obamacare in the legal academy—acknowledged that among its other provisions, the Patient Protection and Affordable Care Act creates a board of “Platonic Guardians” for medicine. That board is called the Independent Payment Adviso ...

Today, PLF filed an amicus brief in the New Mexico Supreme Court defending business owners from ruinous tort liability.  The case, Rodriguez v. Del Sol Shopping Center, arose when Rachel Ruiz drove her pick-up truck to run errands.  Ruiz suffered from a seizure disorder and had been warned by doctors not to drive.  Nonetheless, Ruiz drove R ...