Articles

Overcriminalization and the fishy abuse of Sarbanes-Oxley The United States Supreme Court issued a good decision in Yates v. United States, in favor of fisherman John Yates.  As described in our blog,  because Yates threw some undersized fish overboard after an inspection, Yates was charged with violating the Sarbanes-Oxley Act, a post-Enron st ...

The theme of this week’s legal report is liberty and is dedicated to the writings of Thomas Jefferson Supreme Court filings:  “He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people, and eat out their substance.”  We filed this amicus brief in Yates v. United States.  In this case, ...

Property Rights — Taking by Flooding Earlier this week, the Federal Circuit Court of Appeals issued its remand decision in Arkansas Game & Fish Commission v. United States, upholding the trial court’s conclusion that the Army Corps of Engineers took Arkansas Game & Fish’s property.  This was the case where the Supreme Cou ...