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Month: March 2018

March 31, 2018

Weekly litigation report — March 31, 2018

Trial court strikes down Seattle's rule banning landlords from selecting their own tenants PLF asks Supreme Court to clarify "temporary" takings law Florida ends Walton County's unconstitutional land grab PLF asks California to review "endangered" species Oral argument at the Supreme Court in criminal case that could affect wetlands PUC Rejects Qua ...

March 30, 2018

#MarksMadness

PLF filed a friend of the court brief in the Supreme Court of the United States a few months ago, in Hughes v. United States, and the Court heard oral argument in the case this week. The case asks the Supreme Court to provide better guidance to the lower courts on what to do when the ...

March 29, 2018

All men are created equal

This is the sixth part in a series discussing the principles of the American founding, their embodiment in the United States Constitution, and the ways in which the Supreme Court has all too often negated these principles to the detriment of individual liberty: If you were to turn on the news on any given day, ...

March 29, 2018

What is an “existing structure” under the California Coastal Act?

For landowners along California's coast, maintaining the right to build a seawall or other protective device can mean the difference between preserving one's home or having it fall into the sea during the next winter storm. The California Coastal Act recognizes the importance of preserving landowners' rights to protect their property. Indeed, the A ...

March 29, 2018

Weirdest Alcohol Laws: Real or Fake? Two Lawyers Quiz Each Other

Man, there are some WEIRD alcohol laws out there. Real, actual lawyers Anastasia Boden of Pacific Legal Foundation and Jarrett Dieterle of R Street Institute play a drinking game: Is the booze law real or fake? It’s not all fun and games around here though. Virginia’s law against advertising happy hour prices is weird, paternalistic, ...

March 28, 2018

Victory in PLF’s challenge to Seattle’s “implicit bias” rule

Today, a trial judge ruled that Seattle can’t deny landlords the right to choose their own tenants. Seattle’s “first in time” rule forced landlords to offer any vacant unit to the first qualified applicant. Representing several small-time landlords, PLF challenged the rule in Yim v. City of Seattle. The trial court granted ...

March 28, 2018

Don’t tread on happy hour

Today we filed this First Amendment lawsuit arguing that the government can’t censor truthful, non-misleading speech—even if it has to do with :: gasp:: alcohol. In Virginia, it’s perfectly legal to have happy hour, it’s just not legal to talk about it.  The state severely restricts the way restaurants can advertise their ...

March 27, 2018

All rights were created equal

This is the fifth part in a series discussing the principles of the American founding, their embodiment in the United States Constitution, and the ways in which the Supreme Court has all too often negated these principles to the detriment of individual liberty: What if I told you that there is no such thing as ...

March 27, 2018

How many times can California violate the law? At least 231.

The government doesn’t usually admit that it has failed to follow the law. Yet the California Department of Fish and Wildlife did just that, and acknowledged that it has failed to conduct status reviews of 231 species listed as threatened or endangered under the California Endangered Species Act. The Act requires the Department to conduct ...

March 26, 2018

Florida ends Walton County’s unconstitutional land grab

On Friday, Florida Governor Rick Scott signed House Bill 631, ending Walton County's attempt to steal free access to the private property of PLF's clients Edward and Delanie Goodwin and landowners across Walton County. Forty years ago, the Goodwins' built their beachfront home in Walton County, Florida. Like countless beachfront property owners in ...

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