Articles

Weekly litigation report — December 31, 2016

December 31, 2016 | By JAMES BURLING

Affordable housing mandates on their way up Unsurprisingly, the California Supreme Court denied our petition for review in 616 Croft Avenue v. City of West Hollywood. This is the case where the City is demanding a half-million dollars in affordable housing subsidies from a couple who want to build more housing — 11 condominiums where … ...

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Music therapist licensing comes to Oklahoma

December 30, 2016 | By CALEB TROTTER

Earlier this week I praised Oklahoma Governor Mary Fallin for forming a task force to review the need for the state to continue licensing so many occupations. Imagine my surprise, then, when I discovered that a brand new occupational license for music therapists went into effect just last month in Oklahoma. As I’ve previously written about ...

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Belated Happy Birthday, Endangered Species Act?

December 29, 2016 | By DAMIEN SCHIFF

Yesterday, the Endangered Species Act advanced further into middle-age, turning 43. Typically this is a time for advocates of environmental regulation to tout the Act’s purported successes. Yet often missing from these favorable reviews is an acknowledgment of the Act’s many shortcomings. Thankfully, PLF and its allies are happy to fil ...

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Oklahoma to consider occupational licensing reforms

December 26, 2016 | By CALEB TROTTER

Earlier this month, Oklahoma Governor Mary Fallin announced the formation of a task force to review the state’s occupational licensing requirements. Throughout 2017 the task force will comprehensively review all of Oklahoma’s occupational licenses with an eye toward determining whether the amount and degree of licensing is necessary, a ...

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Merry Christmas from Pacific Legal Foundation!

December 25, 2016 | By MARK MILLER

(Today we re-publish a two-year old PLF Christmas blog post for readers who may have missed it the first time…with a little bonus material for those who read it previously.) From the Pacific Legal Foundation Atlantic Center home office in Palm Beach Gardens, a tongue-in-cheek, PLF look at the top ten ways A Christmas Story would be differe ...

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Well, that was fast!

December 22, 2016 | By DAMIEN SCHIFF

Yesterday, the California Supreme Court denied without opinion our petition for review in Building Industry Association — Bay Area v. City of San Ramon (a mere two days after we filed our reply brief!). The case challenged San Ramon’s new Mello-Roos special tax and levying ordinance under the Act as well as the federal and state const ...

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Supreme court to consider Foster v. Vilsack in first conference of new year

December 21, 2016 | By TONY FRANCOIS

Yesterday we filed our reply in Foster v. Vilsack in the Supreme Court of the United States. The petition in this case asks the Supreme Court to decide whether low level federal bureaucrats can force the federal courts to accept their interpretation of federal law, merely by testifying to their opinion in an administrative hearing. … ...

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Are schools like shoes?

December 21, 2016 | By ETHAN BLEVINS

No one could find decent shoes in communist Russia. You’d get a pair with no choice regarding quality, type, or shoe size. No thought for your situation; no need to please the customer. You got what they gave you. Our public school system faces the same basic problem. Quality and fit too often suffer because we’ve forgotten … ...

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Lake front property owners fight back against California State Lands Commission

December 20, 2016 | By TONY FRANCOIS

For generations, private owners of lake front lots in California’s Sierra Nevada Range have maintained boating and fishing docks on their property, to enjoy the lakes and the recreational opportunities they afford. Under established law, these property owners own the land down to the low water mark of the lake, and on lakes that never suppor ...