Articles

Coastal Commission rides roughshod over billboard owners' property rights

November 26, 2013 | By PAUL BEARD

The California Coastal Commission is at it again, trying to rid the coastal zone of all things private and commercial.  But this time, it’s doing so indirectly–using another state agency to do its bidding. The California Department of Transportation (Caltrans) is the state agency responsible for managing and improving California’ ...

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Ninth Circuit : Caltrans can continue its multiracial discrimination

April 17, 2013 | By RALPH KASARDA

The disappointing decision by the Ninth Circuit yesterday in AGC San Diego v California Department of Transportation (Caltrans) means that Caltrans can continue its policy of multiracial discrimination. Caltrans imposes a one-size-fits-all racial preference on all federally assisted transportation construction and engineering contracts statewide. ...

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Robbing Sanjay to pay Xuan

March 22, 2013 | By RALPH KASARDA

Useful innocent? Useful idiot?  No, just uninformed.  At least that appears to be the explanation for a contractor who expressed delight with a court ruling that allows the government to continue its racial discrimination . . . against him. In 2011, a federal district court judge for the Eastern District of California upheld a California Depar ...

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Feds approve California’s policy of multiracial discrimination

March 13, 2013 | By RALPH KASARDA

Is race a qualification for contractors in California?  Last November, the United States Department of Transportation approved the policy of the California Department of Transportation (Caltrans) that 9.5% of the federal funds the state receives for transportation projects will go to subcontractors of preferred races.  The policy is contained in ...

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Caltrans : "Disparate impact justifies racial preferences."

February 27, 2013 | By RALPH KASARDA

In my last post about our case Associated General Contractors of America, San Diego Chapter  v. California Department of Transportation (Caltrans), I described how Caltrans implements the federal Disadvantaged Business Enterprise (DBE) program in a way that requires prime contractors to discriminate against subcontractors on the basis of race and ...

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The Caltrans Local Assistance Program : Money for discrimination

February 15, 2013 | By RALPH KASARDA

Earlier this week I participated in oral argument before the Ninth Circuit Court of Appeals for our case in Associated General Contractors of America, San Diego Chapter v. California Department of Transportation (Caltrans).  As a condition of taking federal highway funds, Caltrans administers a federal contracting program called the Disadvantaged ...

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Remembering Dr. Martin Luther King Jr.

January 21, 2013 | By PACIFIC LEGAL FOUNDATION

Today we remember the perseverance, passion, and dream of one our nation’s greatest advocates for liberty and equality under the law: Dr. Martin Luther King, Jr.  He fought tirelessly to end segregation and discrimination, and changed the course of history in the process. In his famous, “I Have a Dream” speech during the March on ...

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President's weekly report — December 14, 2012

December 14, 2012 | By ROB RIVETT

Environment — Clean Water Act We filed our complaint on behalf of Peter and Frankie Smith against the Army Corps of Engineers.  At issue is whether a mostly dry arroyo, 25 miles from the Rio Grande, is a water of the United States.  After acquiring the property, Peter Smith began to clean out years of accumulated waste … ...

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Is Obama's victory a sign of "racial progress?"

November 13, 2012 | By JOSHUA THOMPSON

Following Obama’s victory last week, Ilya Somin of the Volokh Conspiracy wrote that “it’s certainly a sign that racism has greatly declined, and that African-Americans are more fully accepted in mainstream American society than ever before.”  There is a certain kernel of truth in that statement.  Having a black American as ...