Articles

A case that is for the birds flies to the Supreme Court

October 19, 2017 | By MARK MILLER

This past week Cato Institute, Southeastern Legal Foundation, and the NFIB Small Business Legal Center filed amicus briefs supporting our Petition for Writ of Certiorari in the Ganson v. City of Marathon regulatory takings case. We’ve previously written about the case here, here, here, here, and here. In the Ganson case, government o ...

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Florida appellate court to hold oral argument in PLF case this week

October 16, 2017 | By MARK MILLER

On Tuesday, Florida’s Second District Court of Appeal will hold oral arguments in a number of cases, including in Pacific Legal Foundation‘s P.I.E., LLC v. DeSoto County. Christina Martin and I will represent P.I.E., and Christina will argue the cause. The Daily Signal, a publication of The Heritage Foundation, just published my op-ed o ...

Articles

Hamilton, the separation of powers, and Constitution Day 2017

September 14, 2017 | By MARK MILLER

Sunday marks the 230th anniversary of the signing of the Constitution of the United States. Pacific Legal Foundation celebrates Constitution Day this year with a column about a Founding Father and signer of the Constitution who now stars in the Broadway hit musical, Hamilton. We also use the opportunity to remind our federal legislators about the ...

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Does President Trump know that his Administration is blocking an important Michigan road project?

August 31, 2017 | By MARK MILLER

On behalf of its client the Marquette County Road Commission, PLF filed its Reply Brief in Marquette County Road Commission v. EPA. … ...

Articles

Free speech at the University of Florida after Charlottesville

August 21, 2017 | By MARK MILLER

How should local public officials, be they police officers, city officials, or university presidents, protect First Amendment free speech rights when the safety of the public is put at risk by those looking for permits to march or protest in a public forum (or when safety is put at risk by those protesting the marchers)? … ...

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EPA files its brief in important Administrative Law case

August 11, 2017 | By MARK MILLER

When we last blogged about our Marquette County Road Commission v. EPA case, we reported that we had filed our principal brief opposing the government’s efforts to stymie our client’s efforts to build a much-needed public road in the upper peninsula of Michigan. This week, the government filed its brief with the Sixth Circuit. In its ...

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PLF files amicus brief in Clean Water Act case

July 21, 2017 | By MARK MILLER

Today Pacific Legal Foundation asked the Ninth Circuit to accept an amicus brief, written on behalf of Mike and Chantell Sackett, as well as John Duarte and Duarte Nursery, supporting the defendant in United States v. Joseph David Robertson. The issue we comment upon involves how the courts should apply the Supreme Court’s Rapanos decision ...

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Making takings law great again in Florida

July 12, 2017 | By MARK MILLER

The Florida Legislature expects the courts of this bonny state to protect property rights. But the courts have not gotten the message. Time after time, the courts of the state fail to protect the property rights of Florida land owners. The latest example of that failure arose in a case called P.I.E., LLC v. DeSoto … ...

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Watch the story of J.P. Krause

June 26, 2017 | By MARK MILLER

Thanks to the Vero Beach Press-Journal editorial board for publishing a very nice editorial on Sunday in support of Pacific Legal Foundation and PLF client J.P. Krause. From the editorial: Krause and his parents knew how unfairly he’d been treated when he was disqualified from his senior class presidency and called Laurence Reisman, a TCP ...