Rescuing teachers from the grasp of forced unionism

California law forces all public school teachers to pay chargeable dues to the labor union that represents them, regardless of whether they are union members.  California law also forces all public school teachers to pay nonchargeable union dues unless they … Continue reading

Daily Journal publishes PLF op ed on Yates v. U.S.

Earlier today, the San Francisco Daily Journal published Pacific Legal Foundation’s op-ed on the Yates v. United States decision handed down by the Supreme Court of the United States this week.  In the piece, we laud the Supreme Court’s important—and correct—decision. The … Continue reading

President’s weekly report on the law and Dickens — February 20, 2015

Economic Liberty Project — Challenging another competitor’s veto We filed this complaint this week challenging Nevada’s version of a competitor’s veto in Perlman v. Mackay.  Here the owners of an limousine and moving services would like to expand in Nevada — but … Continue reading

Commerce Clause articles available

Two of my articles were recently published in the Kentucky Journal of Equine, Agriculture, and Natural Resources Law.  The first is entitled “Bringing in The Sheaves: Home Grown Wheat, Weed, And Limits on The Commerce Clause.”  This article  involves a … Continue reading

You shouldn’t have to ask your competitors for permission to start a business

Should existing businesses have the power to veto new enterprises?  Nevada thinks so.  We don’t. Ron and Danell Perlman are the owner-operators of Reno Tahoe Limousine, based in Reno, Nevada.  They own seven limousines that they use for trips within … Continue reading

Stopping development for cheaper condemnation later is a taking

The Fifth Amendment requires the government to compensate a property owner when it takes property from a private landowner. To get around the requirement of paying “just compensation,” government entities often get creative. One trick is to depress property values … Continue reading

Daily Journal publishes PLF op ed on Horne v. U.S.D.A.

The Daily Journal in San Francisco and Los Angeles published an op ed I wrote about Horne v. U.S.D.A., also known as the “raisin takings case.”  As I reported, the U.S. Supreme Court recently granted cert in this case, for the second time.  The … Continue reading

Do the words “or otherwise” change the meaning of the Fair Housing Act?

The Supreme Court will soon decide whether the Fair Housing Act allows for disparate impact liability. At oral argument, Justice Sotomayor highlighted a major issue in the case: words that unambiguously impose liability for disparate treatment (“to refuse to sell … Continue reading

Would you prefer a passive judiciary?

Reason has published my column responding to the hubbub surrounding Sen. Rand Paul’s remarks (and Cass Sunstein’s) about “judicial activism” and “judicial restraint.” Here’s a taste: Senator Rand Paul’s recent remarks about “judicial restraint” have shaken up both left and right, but … Continue reading