Articles

The tendency for courts to broadly defer to agency decisions frustrates the judiciary’s core function as the adjudicative branch of government. Such deference also frustrates individual rights by sweeping constitutional guarantees under the rug. Take, for example, Washington State’s Growth Management Hearing Board. The legislature creat ...

Prior to 1951, lead paint was lawfully sold and used in the interior of houses. This presented no problem at the time, but, as it ages and deteriorates, and as little children gnaw on windowsills and such while teething, it can become a source of lead poisoning. For this reason, the use of lead paint … ...

17 states urge the Supreme Court to grant PLF case and overrule Chevron deference  On Thursday, Texas—joined by 16 other states—filed an amicus brief supporting our petition in California Sea Urchin Commission v. Combs. The states’ brief explains that “the time has come to reconsider Chevron deference, and this case provides an app ...

Victory in New Orleans home demolition case! Supreme Court goes part of the way on limiting administrative power PLF files reply brief to compel California agency to follow state law. PLF asks Supreme Court to review Florida property rights case Victory in New Orleans home demolition case! Today, we secured a total victory in Garret … ...

Today, we received a favorable, published decision from the Fifth Circuit Court of Appeals in the case of Garrett v. City of New Orleans.   This case challenges the City’s demolition of a town home a couple (the Garretts) purchased from the City. The City destroyed the home without any notice, hearing or compensation to the … ...

In Washington state, property owners who want to challenge the constitutionality of a new land-use or critical area restriction must first try their case to the Growth Management Hearings Board—an administrative agency that lacks the authority to decide constitutional issues. Although this requirement was meant to streamline the ordinary types of ...

If a state illegally taxes you, and you successfully sue to recover the money, does the state have to refund the taxes? Oddly enough, the answer to this question may depend on whether the state’s illegal taxes violated federal law or state law. In McKesson Corp v. Div. of Alcohol, Bev. & Tobacco (1990), the … ...

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 … ...

We filed our opening brief in the appeal to our challenge to Wisconsin’s irrational butter grading law. I have written about this case a number of times, but the essence of the case is that Wisconsin has adopted an irrational and protectionist scheme to keep out-of-state artisanal butters from entering the Wisconsin market.  In order … ...