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Property Rights

November 29, 2016

Bill to license music therapists in New Jersey refuses to die

Almost a year ago I wrote about a bill pending in the New Jersey legislature that would’ve created an occupational license for music therapists in the state. Fortunately, that bill didn’t make it through the legislature, and the legislative session ended before the bill could get a full vote. Rather than die with dignity, however, ...

November 30, 2016

PLF’s Mark Miller to speak in Fort Pierce on Thursday

This Thursday at noon, Mark Miller (that’s me) of PLF’s Atlantic Center will present a Continuing Legal Education (CLE) seminar on Successful Oral Arguments in the Appellate Courts: Lessons Learned in the Supreme Court of the United States and the Courts of Appeal. The presentation, hosted by the Friends of the Rupert J. Smith Law Lib ...

November 30, 2016

PLF Supreme Court cases have changed administrative law forever

Readers of this blog are familiar with our unanimous victory in Sackett v. EPA in which the U.S. Supreme Court ruled landowners had a right to immediate challenge of EPA compliance orders in federal court. Subsequent to Sackett, we won Army Corps of Engineers v Hawkes; another unanimous Supreme Court victory in which the court ...

November 30, 2016

California’s high court will review pension "spiking" case

Californians are accustomed to controversy when it comes to public employee pensions.  Although state and local governments across the country were left without adequate funding of pension obligations following the Great Recession of 2008-2009, California’s shortfall–estimated to be around $475 billion–was the biggest. The Cali ...

November 30, 2016

Causation, and not deep pockets, should dictate liability

Today we filed this amicus brief asking the California Supreme Court to overturn the flawed decision in T.H. v. Novartis, which would essentially impose never-ending tort liability on brand-name drug manufacturers for injuries caused by their generic counterparts.  By adopting an expansive theory of liability, the law threatens to drive up the cos ...

December 01, 2016

Government’s crazy game of whack a mole

Good intentions. Horrible execution. Disastrous results. That pretty much sums up the federal government's mismanagement of water supplies in the Sacramento-San Joaquin Delta to help Delta smelt and salmon species. Water diverted to help declining populations of fish listed under the Endangered Species Act has created severe collateral damage to th ...

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