Articles

South Dakota must let boys dance

April 12, 2018 | By CALEB TROTTER

Freddie Linden is a fifteen-year-old dancer who wants to try out for his South Dakota high school's Competitive Dance team. Freddie began dancing when he was seven years old, and his family quickly realized that he possessed natural talent for dance. Since then, Freddie has trained extensively, landed roles as a lead dancer in multiple productions, ...

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Court upholds Wisconsin’s irrational butter grading law

February 05, 2018 | By JOSHUA THOMPSON

We received some unfortunate news today from the federal court in Wisconsin. The court ruled against Minerva Dairy's claims that the Wisconsin butter grading law violates the Constitution. In this case, Wisconsin adopted a law that even the government's own experts fail to understand. A butter grade provides the consumer with essentially no informa ...

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Weekly litigation report—December 16, 2017

December 16, 2017 | By JAMES BURLING

PLF supports property owners' right to a jury in federal takings cases Code violations should not be a city's no-appeal cash machine PLF announces appeal to illegal jaguar rule Coastal Commission tries to force city to destroy property rights Courts should rule in the best interests of Indian children -- just like other children are ...

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Further analysis of Cal Supremes’ ruling on mandatory mediation and conciliation

December 11, 2017 | By DAMIEN SCHIFF

Earlier this month, I reported on the disappointing decision of the California Supreme Court upholding the state's mandatory mediation and conciliation process—compulsory arbitration, that is—for California agricultural employers and unions. Last week, the Daily Journal ran my op-ed on the decision, in which I go into further detail to explain how ...

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California Supreme Court upholds compulsory arbitration for agriculture

November 28, 2017 | By DAMIEN SCHIFF

Yesterday, the California Supreme Court upheld the constitutionality of California's "mandatory mediation and conciliation" process for labor disputes between agricultural employers and unions. In Gewaran Farming, Inc. v. Agricultural Labor Relations Board, the state's high court ruled that compulsory interest arbitration---whereby an arbitrator ca ...

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California argues it can silence speech so long as it's super secretive about it

August 28, 2017 | By ANASTASIA BODEN

When the government engages in shady, unconstitutional behavior, it's usually not forthcoming about it.  As courts have observed, "the government rarely flatly admits," for example, that "it is engaging in viewpoint discrimination."  Instead, it cloaks its discriminatory policies in "neutral" language, and asserts that it's really trying to achieve ...

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California Legislature to consider two bills that repeal the unconstitutional autograph law

July 06, 2017 | By JOSHUA THOMPSON

Back in May, Pacific Legal Foundation filed a lawsuit on behalf of Book Passage and Bill Petrocelli. The lawsuit challenged a newly-enacted law that made the sale of autographed books unconscionably difficult . As we explained at the time, the statute was ostensibly adopted to protect individuals from fraud when they purchase sports or entertainmen ...

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Weekly litigation report — May 20, 2017

May 20, 2017 | By JAMES BURLING

Amicus brief filed for contractor long frozen out of contracts Settlement reached in mobile home park case Cap and trade appealed Prairie dog ruling petition to the 10th Circuit Reply filed in Kinderace petition to Supreme Court Affirmative action case goes back to district court Amicus brief filed for contractor long frozen out of co ...

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Why the separation of powers matters for racial equality

May 18, 2017 | By ETHAN BLEVINS

In high school, I spent hours hunkered at a library computer playing Sid Meier's Civilization instead of working on the school newspaper. In the game, you could lead your own civilization from stone age to space age. You'd guide every detail about your burgeoning society--from their religion to their labor. You'd eventually cross paths with rival c ...