Articles

Daily Journal : Property rights, the First Amendment and Malibu

December 01, 2021 | By JAMES BURLING

Last June, in Cedar Point v. Hassid, 2021 DJDAR 6262, the U.S. Supreme Court ruled that a California law that forced farmers to suffer uninvited union organizers onto their properties violated the Constitution’s takings clause. In holding for the farmers, Chief Justice John Roberts wrote for the majority that, “The Founders recognized ...

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The Hill : Soon to be blockbuster cases from the Supreme Court

October 04, 2021 | By JAMES BURLING

The Supreme Court convenes today for the start of its October 2021 term, in person for the first time since March 2020, when the pandemic drove the justices to — literally — phone it in. This year, the court has some blockbuster cases, both on its docket and in the cert petition pipeline. Here are … ...

Articles

The crisis exception to the Constitution?

September 17, 2021 | By JAMES BURLING

When a great crisis visits the nation, the niceties of constitutionally protected rights must take a holiday. Only later, once the crisis has resolved, can we go about deciding which rights should be fully restored, and which rights should be modified to meet the new circumstances of a post-crisis world. Rights, after all, must give … ...

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The Hill : Is this the beginning of the end of draconian rent control in New York City?

September 14, 2021 | By JAMES BURLING

A century ago, the Supreme Court upheld the nation’s first rent control law in Washington, D.C.. A year later, it did the same for New York’s “Emergency Housing Law.” Soon, the Second Circuit Court of Appeals will hear the most significant challenge in decades to New York’s latest version of its rent law. The first &# ...

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PLF Victories Give Rise to New PLF Victories

July 15, 2021 | By JAMES BURLING

In 1922, the Supreme Court relied on the doctrine of regulatory takings to rule that an excessive coal mining regulation violated the constitutional rights of the coal owner. This was a big win for property rights and should have had long-lasting implications. But, unfortunately, the idea that a regulatory taking violated the Constitution went into ...

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The solution to high home prices : Build, baby, build.

July 08, 2021 | By JAMES BURLING

The more something is regulated, the less there is of it. The more government edicts are directed at stopping something, the more desirable that thing becomes. And the more we restrict the supply of something that people desperately need and want, the more it costs. The Wall Street Journal recently reported that the median price … ...

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Are mandatory vaccinations and vaccine passports constitutional?

June 08, 2021 | By JAMES BURLING

As COVID vaccines continue to become more widely available, the conversation has turned to whether the government should mandate vaccinations. Some policy proposals have called for vaccine passports to ensure that the unvaccinated do not harm others, while other proposals ban businesses from inquiring about vaccination status. Are mandatory vaccina ...

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Moving from equality to equity is unconstitutional and hurts minorities

May 20, 2021 | By JAMES BURLING

In a recent Washington Post op-ed column, former neurosurgeon, presidential candidate, and cabinet official Ben Carson makes a sound case against the recent shift toward “equity” as a goal of policy. Carson suggests the enhanced focus on equity, rather than on the more-inclusive “equality,” is resurrecting toxic behaviors ou ...

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For decades, the government discriminated against Asian immigrants’ right to earn a living and hold property

April 28, 2021 | By JAMES BURLING

When the Statue of Liberty was erected in 1875, it stood as a beacon for freedom and openness, welcoming immigrants from around the world. Millions came seeking a country where they could flourish and pursue their own happiness. But that promise rang hollow to many Asian immigrants who had to endure a host of state … ...