Will Arkansas Game & Fish fix temporary takings?

Yesterday, the Boston College Environmental Affairs Law Review made my article, Will Arkansas Game & Fish Commission v. United States Provide a Permanent Fix for Temporary Takings?, available online. Here is the abstract: The U.S. Supreme Court’s decision in Arkansas … Continue reading

Drakes Bay Oyster Company seeks review in US Supreme Court

Today, Drakes Bay Oyster Company filed its petition for certiorari in the United States Supreme Court, after the Ninth Circuit Court of Appeals decided that the federal government’s decision to shut down the oyster farm is immune from judicial review. The … Continue reading

Unequal pay?

There’s been a lot of high-profile talk about equality lately.  President Barack Obama has been trying to make political hay by railing against unequal pay between the sexes, and former President Jimmy Carter recently expressed similar sentiment in a speech. … Continue reading

EEOC: disparate impact for thee, but not for me

Yesterday the Sixth Circuit shut down the Equal Employment Opportunity Commission’s suit against Kaplan University in EEOC v. Kaplan.  EEOC had alleged that Kaplan’s policy of conducting credit checks on job applicants had a disparate impact on minorities.  Perhaps EEOC … Continue reading

Cuddling businesses rub regulators the wrong way

Here at PLF, we are accustomed to overzealous regulators stifling entrepreneurs’ right to earn a living, and we’ve defended movers and pest controllers and written briefs in support of casket-making monks, and more.  So we shouldn’t be surprised that regulators have their eyes on another ridiculously benign target.  But we … Continue reading

President’s Report – April 4, 2014

Property Rights – California Coastal Commission We reported last week that the California Court of Appeal issued an adverse decision in SDS Family Trust v. CCC, based on its misunderstanding of the facts related to when the family challenged the … Continue reading

Supreme Court hears oral argument in challenge to Obamacare contraceptive mandate

Today the Supreme Court heard oral argument in the Hobby Lobby case challenging Obamacare’s requirement that employers provide their employees with health insurance coverage for contraceptives.  Hobby Lobby, Mardel, and Conestoga Wood—whose owners say the contraceptive mandate would force them … Continue reading

President’s weekly report — March 21, 2014

High-Speed Rail Bonds and the California Fantasy Train We filed this answer to the State’s petition for alternative writ of mandate in High Speed Rail Authority v. Superior Court.  When the voters approved California’s high-speed rail project a few years … Continue reading

PLF opposes racial discrimination by community college

A community college recently planned a “happy hour” event about diversity.  The college sent an e-mail about the event to all of the college’s staff members – and the e-mail explained that white people were not invited. The administration of … Continue reading