Articles

Weekly litigation report — October 21, 2017

October 21, 2017 | By JAMES BURLING

Squash the wrong bug, go to jail The price of selling your home in Santa Barbara? An illegal warrantless search. Free speech wins one in California legislature! Brief filed in Oklahoma First Amendment right to say who you are case Oral argument in Florida takings case Allies file amicus briefs in support of our bird … ...

Articles

Weekly litigation report — September 23, 2017

September 23, 2017 | By JAMES BURLING

Ninth Circuit sides with PLF in compelled speech case On Tuesday, the Ninth Circuit issued a favorable opinion in American Beverage Association v. City and County of San Francisco, an important compelled speech case. As we explain on our blog, the case involves a San Francisco ordinance that forces advertisers of sugar-sweetened beverages to devote ...

Articles

Yes, Justice Thomas, the doctrine of regulatory takings is originalist

July 02, 2017 | By JAMES BURLING

In his dissent in Murr v. Wisconsin, Justice Thomas opined that “the Court, however, has never purported to ground those precedents in the Constitution as it was originally understood.” and “in my view, it would be desirable for us to take a fresh look at our regulatory takings jurisprudence, to see whether it can be … ...

Articles

Weekly litigation report — June 24, 2017

June 24, 2017 | By JAMES BURLING

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 ...

Articles

Talking Murr in Napa

April 24, 2017 | By DAMIEN SCHIFF

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 ...

Articles

Murr argument today at Supreme Court

March 20, 2017 | By JAMES BURLING

Here’s a recap of what the Murr case is about and what happened today at the Court. For more detail, you can find the Court’s transcript here. Many property owners own adjacent lots. A farmer might acquire a neighboring farm with the hope that his children can live next door. Or a person might fall … ...

Articles

New LibertyBrief – Regulatory takings and Murr v. Wisconsin

March 13, 2017 | By JEREMY TALCOTT

As many of you may be aware, we are just one week away from oral arguments in the Supreme Court in the case of Murr v. Wisconsin. Murr is the latest in a long line of property rights cases litigated by Pacific Legal Foundation all the way to the highest court in America. Todd Gaziano and … ...

Articles

Can government regulate your subconscious?

March 09, 2017 | By ETHAN BLEVINS

Today, we filed a legal challenge against Seattle’s heavy-handed attempt to squash its residents’ “unconscious bias.” A new Seattle ordinance forbids landlords from choosing their own tenants in a sweeping effort to prevent subliminal prejudices from tampering with their decisions. The law, however, will only hurt small-tim ...

Articles

Property forum in Acton, CA exposes rural concerns over SB 1263

March 07, 2017 | By JEREMY TALCOTT

Last Thursday night, Damien Schiff and I had the opportunity to speak before 150 or so gathered residents of Acton, Agua Dulce, and a few other nearby unincorporated communities of North Los Angeles County. We were invited to speak about the importance of property rights historically and today, the harm to property caused by “regulatory R ...