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Month: April 2015

April 30, 2015

Florida Legislature approves growler law fix

In the last two weeks, the Florida State Senate and House of Representatives both unanimously approved a bill to legalize the 64-ounce growler.  The Legislature made this move after years of failing to fix the law; that ongoing failure hurt the small businesses that make up the exploding craft beer industry. The Legislature finally took action a ...

April 29, 2015

Teachers' unions sued for violating First Amendment rights

California teachers’ unions spend millions of dollars on political candidates and initiatives.  That is no secret.   Those dollars, which come from union members’ dues, support democratic candidates and liberal causes, whether or not individual teachers approve of the way the money is spent.  This month, four California teacher ...

April 29, 2015

City snaps "ripeness trap" on puppy store's takings claim

Most people like golden retriever and other pure-breed puppies. As children, many of us went to pet stores just to view and pet such pups.   But the City of East Providence, Rhode Island, is different.  It has totally banned pet stores, and as a result, it is now embroiled in a constitutional “takings” lawsuit with one store destr ...

April 29, 2015

Will the Supreme Court's second Horne decision undermine Williamson County ripeness?

One issue that has received little attention following the oral argument in Horne v. United States Department of Agriculture is the question of what the Hornes' remedy should be if they prevail. Readers will recall that the Supreme Court last Wednesday considered a depression-era law requiring raisin farmers, like plaintiffs Marvin and Laura Horne, ...

April 29, 2015

EEOC suffers minor setback

Today's Supreme Court decision in Mach Mining, LLC v Equal Employment Opportunity Commission appears to be another minor setback for the EEOC. The EEOC has a statutory duty under Title VII to attempt to eliminate a violation by informal means before it resorts to a lawsuit.  The question in this case was whether a court may review ...

April 28, 2015

Federal Land Action Group launched

There’s a new push from some of the western members of Congress to de-federalize parts of the West.  Here’s today’s press release from Congressman Bishop and Stewart on the launching of the Federal Land Action Group: ...

April 28, 2015

Requiring professional-looking haircuts is not racial discrimination

Think about the following scenario.  A job seeker sees an ad for a sales job.  She has all the correct qualifications.  Her interview goes great.  The business says they want to hire her, but because she will be selling the business to the public, she must get a professional-looking haircut.  The job seeker refuses.  Instead, ...

April 28, 2015

Upcoming PLF-Heritage public event on unconstitutional “Waters of the U.S.” rule

On Thursday, Pacific Legal Foundation and The Heritage Foundation are co-sponsoring a panel discussion on a draft regulation that would vastly expand the U.S. Environmental Protection Agency's and U.S. Army Corps of Engineers' jurisdiction to regulate the nation's water and land. PLF's Reed Hopper is one of the panelists. As the title of the progra ...

April 28, 2015

Another vote for school choice

Imagine that your state creates a government-run grocery store chain because food is essential to survival. You don’t pay for your groceries, but your taxes skyrocket. The stores don’t need to compete for profit, so they don’t bother to win you over. Thus, the stench of slimy produce embraces you as you enter, and the milk ...

April 27, 2015

An Indiana school district plans segregated field trips

Prepare to be shocked.  A public school district in Indiana has organized a series of field trips so third-graders can visit local colleges, but student eligibility for attendance is based on skin color.  That's right, over sixty years after the Supreme Court's historic decision in Brown v Board of Education – invalidating "separate but equa ...

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