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Month: September 2016

September 30, 2016

National Labor Relations Act vs. Federal Arbitration Act

Laaaaaadies and gentlemen! In this corner: the National Labor Relations Act, a national heavyweight born in the New Deal, protecting workers' rights to "concerted activities" for their mutual benefit! And in this corner: the Federal Arbitration Act, a powerful 1925 rebuff to the judiciary's then-hostility to arbitration, protecting the freedom of c ...

September 30, 2016

A (mostly) victory when it comes to Alabama spying on your beer habits

Yesterday the Alabama Alcoholic Beverage Control (ABC) Board decided against adopting a creepy rule which would have required craft breweries to record the names, phone numbers, addresses, and birthdays of anyone who purchases craft beer for carryout.  As I detailed in this comment letter and this Forbes piece, the proposed rule was a burdensome a ...

September 30, 2016

Marin County and the California Coastal Commission overreaching with Local Coastal Program amendments

The voluntary preservation of agricultural lands is a noble goal. Forcing landowners into government-run conservation efforts against their will, however, is something else entirely. And a desire to conserve pastoral farmland doesn’t excuse government from following the laws and constitutions of California and the United States. For several y ...

September 30, 2016

Seattle's plans to fix your "unconscious bias"

Seattle has decided to force landlords to accept the first prospective tenant that walks through the door. Why? Because you may be a racist and not even know it; your unconscious biases could control your rental decisions. Seattle is not content with stopping you from listening to the devil on your shoulder. The city also wants to ...

September 29, 2016

PLF argues that business losses are recoverable in eminent domain cases

One of the most basic protections that the U.S. Constitution provides for property owners is the guarantee that the government cannot take private property without paying just compensation. That mandate is intended not only to ensure that owners are made whole, but also to place a real limit of the government's exercise of eminent domain ...

September 29, 2016

Supreme Court to hear The Slants' case

This morning, the United States Supreme Court issued the first orders from its September 26th long conference. Among the cases the Court agreed to hear is Michelle K. Lee v. Simon S. Tam. We have previously discussed Mr. Tam’s case here and here. Briefly, Mr. Tam is the frontman of the rock band, The Slants. ...

September 29, 2016

New Endangered Species Act regulations will improve the statute's implementation

This week, the Fish and Wildlife Service finalized its proposed regulations to reform the Endangered Species Act petition process. The regulation incorporates several important reforms and is a welcome sign for all of us who care about protecting species and avoiding unnecessary litigation and regulation. PLF filed comments on the proposed rule sup ...

September 29, 2016

6th Circuit delays Clean Water Rule challenge

Our challenge to the Corps and EPA’s controversial rule redefining “waters of the United States” (WOTUS), subject to federal control under the Clean Water Act, is on hold in the 6th Circuit Court of Appeals.  We were initially scheduled to file our opening brief this week, but the 6th Circuit recently agreed the briefing was ...

September 29, 2016

Update on warrantless inspection case

I’ll be in appearing in federal court on Monday on behalf of a property owner in his lawsuit against Highland. The City punishes those who dare to object to warrantless inspections by withholding the rental license. That forces property owners to waive their Fourth Amendment rights before they may put their property on the rental marke ...

September 28, 2016

PLF-NRI star-studded Supreme Court preview event this Friday on Capitol Hill

For the third year in a row, Pacific Legal Foundation is proud to be hosting a public program with the National Review Institute previewing the Supreme Court's next term, which begins on Monday. Our program this year is Friday, September 30, at noon EDT/9:00 a.m. PDT overlooking the United States Capitol and Supreme Court buildings. Reprising hi ...

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