Articles

Answering the Minerva Dairy questions at Overlawyered

May 01, 2018 | By JOSHUA THOMPSON

If you aren’t already a regular reader of Overlawyered, you should check it out. Walter Olson does a magnificent job pointing out and explaining the seen and unseen costs of our legal system. Last week I was excited to see Overlawyered link to our Minerva Dairy lawsuit.* In the days that followed, the comments section … ...

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Like a good neighbor… : the Supreme Court must enforce limits on state regulation of interstate commerce

November 16, 2015 | By JONATHAN WOOD

We’ve filed a brief in the Supreme Court, on behalf of PLF, the Cato Institute, National Federation of Independent Business Small Business Legal Center, and Reason Foundation, asking it to take up a case challenging state regulations of commerce occurring wholly beyond their borders. In this case, Colorado has adopted a law that regulates how ...

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Dragon slayers and fruit pickers

July 07, 2015 | By ETHAN BLEVINS

Backwards laws that stifle our economy deserve fresh scrutiny. In a recent paper called “Low-Hanging Fruit Guarded by Dragons,” Brink Lindsey analyzes the evils of regressive regulation, “policies whose primary effect is to inflate the incomes and wealth of the rich, the powerful, and the well-established by shielding them fro ...

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NEPA and Sackett v. EPA

February 14, 2013 | By DAMIEN SCHIFF

Professor Joel Mintz of Nova Southeastern University has published Sackett v. EPA and Judicial Interpretations of Environmental Statutes:  What Role for NEPA?, in a recent issue of Environmental Law.  Professor Mintz’s thesis is that the Supreme Court may have erred in Sackett by not taking into account Section 102 of the National Environ ...

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Cato and IJ file brief supporting PLF's petition in milk price restriction lawsuit

November 21, 2012 | By TIMOTHY SANDEFUR

Our friends at the Cato Institute and the Institute for Justice filed this brief today in support of our cert. petition in the case of Hein Hettinga. The brief highlights the major problem with the D.C. Circuit’s expansion of the rational basis test: that if allowed to stand, it would present an impenetrable shield against … ...

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Inside baseball on Sackett v. EPA

November 08, 2012 | By DAMIEN SCHIFF

Now available online is Cato’s 2011-2012 volume of its Supreme Court Review.  In it, you’ll find my article on Sackett v. EPA.  The piece not only discusses the decision and its impact on EPA’s enforcement of the Clean Water Act, it also details how PLF litigated the case from the district court up to the … ...

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Sackett and Constitution Day

September 27, 2012 | By DAMIEN SCHIFF

Last week,  I spoke on a panel at Cato’s annual Constitution Day conference.  The panel’s focus was the Supreme Court’s recently completed term, viewed from a property rights perspective.  I spoke on Sackett and the decision’s significance for Clean Water Act enforcement and administrative law generally.  My essay on the ...

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PLF’s Sandefur to speak at Cato pre-Supreme Court conference on Obamacare

February 27, 2012 | By TIMOTHY SANDEFUR

I’ll be participating in the Cato Institute’s conference on the Obamacare cases on March 23—that’s the Friday before the oral arguments, which are scheduled for March 26, 27, and 28. Randy Barnett, who represents the NFIB in its challenge to the Individual Mandate, is unconfirmed, but will probably also attend, as will other exp ...

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School Choice Week : The fighters

January 23, 2012 | By JOSHUA THOMPSON

In honor of School Choice Week, I will be doing a 5-part blog series on school choice. While PLF is prominent in school choice litigation, I thought I would start this series by pointing out some the leading defenders of school choice around the country. Each of these organizations is doing fantastic work in the school choice … ...