Articles

For nearly the entirety of Pacific Legal Foundation’s history, Justice Kennedy has been on the bench. We first appeared before him when he was a judge on the Ninth Circuit and PLF was mostly litigating in California. And then, for the past 30 years, PLF attorneys argued before him many times at the Supreme Court … ...

You can catch me here speaking with Professor John Eastman and two other John Marshall Fellows about the Supreme Court’s October 2016 term.  I was a John Marshall Fellow in 2015, and am joined by fellows Michael Huston and Dr. Sohan Dasgupta in discussing PLF’s Murr case, among others, at the Claremont Institute’s Center for  ...

Supreme Court goes squishy on property rights Free speech includes freedom to insult Free speech means letting high school kids be high school kids Howling at the wolf listing Doing time even if you didn’t know you committed the crime  Washington appellate court rules that property is not protected by the constitution End-run around arbitra ...

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 contracts ̷ ...

Friday I had the honor of participating in the panel discussion Property Rights, Inverse Condemnation & Government Land Use Regulation, during the 36th Real Property Law Section Retreat for the California State Bar. My remarks focused on Murr v. Wisconsin and its importance to the “relevant parcel” analysis and regulatory takings ...

Oral argument in Murr We had our oral argument in Murr v. Wisconsin. It was a tough argument with lots of questions throughout the argument.  We trust our answers helped dispel some of that confusion.  All in all, it was a good argument and we made all our points with the Court. But, based on the … ...

PLF asks Supreme Court to review challenge to California mining ban PLF challenges California gray wolf listing Supreme Court sets oral argument in Murr More Supreme Court arguments set for the March calendar PLF asks Supreme Court to review challenge to California mining ban PLF petitioned the nation’s highest court to hear Brandon Rinehart& ...

Today, the United States Supreme Court issued its oral argument calendar for March, 2017. Pacific Legal Foundation (PLF) is pleased to note that the Court included PLF’s important property rights case, Murr v. State of Wisconsin, on that March calendar. The Court has specifically scheduled the Murr case for argument on March 20, 2017. … ...

Takings law is famous for its thorny inquiries. One of the prickliest is the so-called “relevant parcel” determination. In every regulatory takings case, the court must begin by identifying the nature of the property at issue—i.e., the “relevant parcel.” It sounds easy, and it should be, but it isn’t. In the decades ...