Articles

While fishing for ways to interfere with your property, FWS catches a boot

August 08, 2014 | By STEPHEN STICH

After listing a species as threatened or endangered, the Fish and Wildlife Service (FWS) often designates certain areas as “critical habitat” under the Endangered Species Act. Once it does so, federal agencies must consult with FWS before they perform any actions that might adversely affect that critical habitat. This can be very expens ...

Articles

“You can judge me based on race, but not if it hurts enough people’s feelings”—OR : An Incorrect Interpretation of the Equal Protection Clause

July 15, 2014 | By STEPHEN STICH

PLF has long advocated a “colorblindness” approach to the Equal Protection Clause: Courts should review all race-based classifications under the same demanding level of scrutiny, regardless of the race of the person challenging the race-based action. The main rival to this view has been the “anti-subordination” approach, acc ...

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Bond v. United States illustrates why the Supreme Court's statutory interpretation doctrine has constitutional problems

June 13, 2014 | By STEPHEN STICH

Statutory interpretation methodology is a strange animal because courts do not give it precedential effect. Lower courts (usually) are not bound to follow the methods of higher courts the way they are bound to follow the results, and, to my knowledge, the Supreme Court has never applied the stare decisis theory of Planned Parenthood v. … ...