Articles

Another unconstitutional takings case on its way to the Florida Supreme Court

October 31, 2016 | By MARK MILLER

Pacific Legal Foundation reviews hundreds of regulatory takings cases a year. Often we cannot take a case, for any number of reasons, even though the facts call out for justice. But, sometimes the brazenness of a local government’s land grab so shocks the conscience that PLF cannot help but get involved. Such is the case in our … ...

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Mexican Wolf releases challenged

October 31, 2016 | By REED HOPPER

For more than 18 years, the U.S. Fish and Wildlife Service has released captive-bred Mexican gray wolves into the wilds of New Mexico.  These wolves are deemed “nonessential” populations because they are not critical to the survival of the species as a whole.  But they are critical to the survival of other species on which … ...

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The right to vote on taxes : California Cannabis Coalition v. City of Upland

October 31, 2016 | By MERIEM L. HUBBARD

Today PLF filed an amicus brief in California Cannabis Coalition v. City of Upland.  The case was accepted for review in the California Supreme Court in late June.  Despite its name, the case is not about marijuana.  It is about Californians’ right to vote on taxes.  That right was established through a string of voter-approved referenda ...

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California commission recommends major occupational licensing reform

October 30, 2016 | By CALEB TROTTER

Earlier this month California’s Little Hoover Commission released its report (Jobs for Californians: Strategies to Ease Occupational Licensing Barriers) on occupational licensing in the state. Noting that licensing is often sold as a means to protect consumers while actually serving other interests—namely, economic protectionism for cu ...

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Weekly litigation update — October 29, 2016

October 29, 2016 | By JAMES BURLING

Bills of Attainder and the” Cromwell effect.” We filed our amicus brief in Fowler v. Lanier in the Ninth Circuit emphasizing to the court the importance of the Constitution’s prohibition on “bills of attainder.” While this is a fairly obscure constitutional provision, it is an important protector of our liberty. Indeed ...

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Justice Thomas at 25 years on the bench

October 28, 2016 | By JAMES BURLING

Justice Thomas is one of the most ardent supporters of our Constitution and the principles found in the Declaration of Independence and so it was fitting that he presented the prestigious Joseph Story Distinguished Lecture at the Heritage Foundation earlier this week. For those of who believe that fidelity to the original meaning of the … ...

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Youth hockey league not liable for post-game spectator brawl

October 28, 2016 | By DEBORAH LA FETRA

At a youth hockey game in Rome, New York, families of the 13-year-old players rooted for their teams with increasing intensity. Some spectators turned belligerent, and after the game ended, one player’s mother confronted another player’s mother. The provocation blew up into a full-scale melee involving multiple family members and specta ...

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Q & A on federal rule redefining dry land as water

October 28, 2016 | By TONY FRANCOIS

The federal government regulates “navigable waters” under the Clean Water Act. The U.S. EPA and the Army Corps of Engineers define “navigable waters” to include millions of square miles of dry land (so they can then regulate the use of that land), and PLF is suing them over that bit of regulatory fiction. You can … ...

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What does the Bill of Attainder Clause say about newfangled punishments?

October 27, 2016 | By WENCONG FA

Three years ago, California businesses faced crippling liability in the wake of court decisions interpreting the state’s minimum wage laws. This year, the state legislature enacted Assembly Bill 1513, which allows businesses to avoid statutory liability if they promptly paid back wages in accordance with those decisions. Yet, to secure the ...