Articles

African-American student moves forward with challenge to race-based admissions in St. Louis schools

November 01, 2017 | By PACIFIC LEGAL FOUNDATION

In the second decade of the 21st century, can an African-American student still be turned away from a public school because of his or her skin color? … ...

Articles

Coastal land rights on appeal in California

November 01, 2017 | By LARRY SALZMAN

More than 1,000 homes sit on roughly two miles of coastal bluffs in the Southern California town, protected from erosion by seawalls. In 2014, the City enacted a land use ordinance that prohibits or restricts bluff-top homeowners from building, repairing, or replacing those seawalls. Some of the restrictions require homeowners to dedicate private s ...

Articles

What constitutes a ‘subspecies’ under the Endangered Species Act?

November 02, 2017 | By KAYCEE ROYER

When the Service rejected a delisting petition for the coastal California gnatcatcher, it acknowledged that it was not going to define “subspecies,” the very term upon which the denial rests, even while acknowledging that the term enjoys no commonly accepted meaning among scientists. Thus, by not defining that key term, the Service effe ...

Articles

Roadblock : Seattle’s Assault on the Sharing Economy

November 02, 2017 | By TIMOTHY SNOWBALL

The First Amendment of the United States Constitution protects not only our right to speak and associate with whomever we choose, but also the commensurate right to refuse to speak and associate. Indeed, the Supreme Court of the United States has recognized that freedom of association, like the freedom of speech, “lies at the foundation R ...

Articles

“Chevron deference” belongs in the “Not My Job!” Department

November 03, 2017 | By OLIVER DUNFORD

Chief Justice John Marshall, on behalf of a unanimous Supreme Court, stated the obvious: “It is emphatically the province and duty of the judicial department to say what the law is.” But over the last 100 years or so, the judicial department has voluntarily ceded this “duty” to the executive branch. … ...

Articles

Judge rejects First Amendment challenge to democracy-voucher program

November 03, 2017 | By ETHAN BLEVINS

Judge Beth Andrus granted Seattle’s motion to dismiss our clients’ First Amendment challenge to the city’s democracy-voucher program. Judge Andrus held that forcing property owners to pay for private residents’ campaign contributions does not burden property owners’ speech rights. … ...

Articles

Federal court issues mixed decision on jaguar critical habitat challenge

November 03, 2017 | By CHRISTINA MARTIN

In 2014, the federal government designated thousands of acres in New Mexico as “critical habitat” for the jaguar. The designation is absurd, because jaguars prefer the wet, tropical climates of Central and South America forests, to the dry, arid wilderness of the Southwest. … ...

Articles

Why is Maryland imposing absurd regulations on entrepreneurs?

November 03, 2017 | By ANASTASIA BODEN

While most states are busy unleashing their entrepreneurs to create jobs and innovative services, Maryland is bucking the trend. … ...

Articles

Weekly litigation report — November 4, 2017

November 04, 2017 | By MARK MILLER

PLF asks the Supreme Court to bury Williamson County, Seattle attempts to force unionization on Uber/Lyft Drivers, and PLF files a complaint to require the U.S. Fish and Wildlife Service to define “subspecies”. … ...