Articles

The Hill : Republican governors should end racial preferences at the state level

January 05, 2024 | By ERIN WILCOX

GOP governors like Florida's Ron DeSantis and Alabama's Kay Ivey have been making splashy headlines for attacking diversity, equity and inclusion (DEI) programs and environmental, social and governance (ESG) standards at companies like BlackRock and Disney. But the laws of their own states allow racial preferences in education, employment and publi ...

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Harry Potter’s Ministry of Magic can teach us a lot about agency adjudication

January 05, 2024 | By BRITTANY HUNTER

Fantasy stories delight our senses by taking us to imaginary worlds where wizards roam the earth and magic is real. Yet, in this fictional realm where readers have the pleasure of suspending reality, there are still universal truths that mirror the real world around us. The beloved Harry Potter series, for example, is ripe with lessons of injustice ...

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Frequently asked questions about Sheetz v. El Dorado

January 08, 2024 | By BRIAN HODGES

What is the legal question in Sheetz? In 2016, George Sheetz bought a vacant lot in rural El Dorado County, California, and planned to build a small, manufactured home where he and his wife would live in retirement and raise their grandson. But when George applied for a county building permit, he was told he would have to pay a so-called traff ...

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An interview with the attorneys behind the SCOTUS case Sheetz v. County of El Dorado

January 10, 2024 | By BRITTANY HUNTER

On Tuesday, January 9, 2024, the Supreme Court heard oral arguments in Sheetz v. County of El Dorado, a case challenging the government's ability to place unreasonable conditions, including large "impact fees," on property owners seeking building permits. Pacific Legal Foundation partnered with Paul Beard of FisherBroyles, LLP and argued that th ...

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Law & Liberty : Jarkesy and Chicken Little Law Professors

January 18, 2024 | By OLIVER DUNFORD

Just about every time a case involving the administrative state heads to the Supreme Court, we're subjected to hysterical warnings of the end of the world. A recent piece in The Atlantic might set a new standard for apocalyptic fearmongering. NYU Law Professor Noah Rosenblum frets that what he calls a garden-variety securities fraud case could "des ...

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American Habits : No trespassing means no trespassing, even for the government

January 18, 2024 | By MARK MILLER

Americans think they understand the law. When they drive over the speed limit, they know they risk a speeding ticket. When they enter a piece of private property with signs that warn "no trespassing," they know that to ignore the fence and signs is to break the law and risk arrest. Or does it? As it turns out, "no trespassing" does not mean "n ...

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National Review : The Supreme Court’s Chance to Revive a Neglected Civil Right

January 19, 2024 | By LARRY SALZMAN

On Tuesday, the Supreme Court will hear argument in Sheetz v. County of El Dorado. It is the fourth in a series of cases since 1987 involving the application of the unconstitutional conditions doctrine to the Takings Clause and land-use permits, namely, Nollan v. California Coastal Commission (1987), Dolan v. City of Tigard (1994), and Koontz v. St ...

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How does a case get to the Supreme Court?

January 19, 2024 | By ELIZABETH SLATTERY

"I'll take it all the way to the Supreme Court." It's far easier said than done, and it can take years for a legal battle to wind its way through the courts. When the federal government is on the other side—as it often is in Pacific Legal Foundation cases—it takes a relentless, determined attitude to press on, sometimes for more than a decade. ...

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An unconstitutional agency is threatening the future of a family business devoted to child safety

January 19, 2024 | By BRITTANY HUNTER

Jamie Leach has dedicated her life to the pursuit of child safety. After receiving her Bachelor of Science degree in nursing, Jamie worked as a nurse in a pediatric intensive care unit in Ada, Oklahoma, where she lives. She later went on to combine her love of helping others with her natural proclivity toward innovation and started Leachco, a famil ...