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Author: MMiller

August 06, 2020

Townhall: Congressional and state efforts to reform doctrine of Qualified Immunity underway

The killing of George Floyd in Minneapolis over Memorial Day Weekend sparked protests and nationwide discussions of race, police abuse and criminal justice reform — a discussion that has yet to abate. His tragic death also renewed focus on a legal doctrine called "qualified immunity" that government bureaucrats and regulatory officers have used a ...

June 09, 2020

Qualified immunity is a blank check for government overreach

The killing of George Floyd has sparked protests and discussions of race, police abuse, and criminal justice reform across the country. George Floyd's killing has also sparked discussions of a legal doctrine called "qualified immunity" that government bureaucrats and regulatory officers have used as a legal defense to violate people's rights. For d ...

April 14, 2020

Florida deems WWE ‘essential’ and shows the danger of unchecked government during COVID-19

Today the governor of Florida and mayor of Orange County* have deemed professional wrestling (Hulk Hogan et al.) to be an "essential activity," allowing it to go forward despite government orders to shelter in place for the rest of us. Floridians do not like the smell of what these Florida politicians are cookin'. Aside from ...

April 10, 2020

Are quarantine orders constitutional?

The question on many minds during our time of quarantine: How far can state government officials go in curtailing constitutional rights like the freedom of association, free exercise of religion, and right to travel among and between the states, in service to public safety by reducing the spread of the coronavirus? The courts have been ...

March 26, 2020

How is COVID-19 affecting current Supreme Court cases?

This week, Pacific Legal Foundation Senior Attorney, Mark Miller, joined Host Tim Farley on The Morning Briefing on the P.O.T.U.S. channel on Sirius XM radio. During the show Mark discussed how the COVID-19 pandemic could affect the cases currently before the Court and the constitutional issues that the Court is deliberating. Listen to the intervie ...

February 10, 2020

The Gainesville Sun: ‘Rights of nature’ would erode rights of individuals

Alachua County environmental activists seek to do something never successfully done in American law: They want to give the Santa Fe River a "right of nature" to sue anyone that injures it. If that sounds crazy, you're not alone: No American court has recognized the "rights" of natural resources to sue. If the activists succeed, ...

July 20, 2019

Edward Poitevent’s victory at Supreme Court is a win for property rights and government accountability

For years, Edward Poitevent and his family were forced to fight for their land. But now, the Pointevant’s are winners in their long-running national battle over property rights and the reach of the Endangered Species Act. Edward’s case, Weyerhaeuser v. U.S. Fish and Wildlife Service, was the infamous "phantom frog" case. It centered aro ...

June 20, 2019

In imperfect Gundy decision, Supreme Court opens door to strengthen separation of powers

Today the Supreme Court of the United States opened the door for future cases that might restore a separation of powers doctrine called the nondelegation principle. In the decision on the Supreme Court case Gundy v. United States, a plurality of four justices and a conditional vote by Justice Alito together concluded that, under the ...

April 01, 2019

The Hill: To improve environmental protection, give states more skin in the game

This article was originally published in The Hill on April 1, 2019.  President Trump's budget proposal for the coming fiscal year calls for a significant reduction in funding for the U.S. Army Corps of Engineers. In this respect, Trump is a lot like his predecessor — the Obama administration also sought cuts to the Corps's bloated construc ...

December 03, 2018

The Advocate’s take on gopher frog case misses mark

Originally published by The Advocate, December 3, 2018. The Advocate's Nov. 28 analysis of the recent unanimous Supreme Court decision in the St. Tammany Parrish private property rights dispute comes close but misses the mark. The editors, unfortunately, put the emphasis on a frog that does not even live in Louisiana while failing to properly ...

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