Recent threats to the First Amendment and short-term rentals

It should come as no surprise that governments struggle to regulate the disruptive nature of the “sharing economy.” Lately, this struggle has resulted in increasingly burdensome regulations on property owners renting their property short-term, and on the websites like Airbnb … Continue reading

California Supreme Court will review controversial tax decision

Last month, Pacific Legal Foundation filed a letter brief urging the California Supreme Court to review a decision denying taxpayers the right to vote on taxes imposed by initiative. Yesterday, the Court agreed to review the decision in California Cannabis … Continue reading

Duarte Nursery seeks immediate appeals in Clean Water Act case

Following the trial court’s remarkable June 10 ruling that plowing violates the Clean Water Act, despite clear regulatory provisions to the contrary (see 33 CFR 324.4(a)(1)(iii)(D)), Duarte Nursery has moved for reconsideration or certification for immediate appeal on several Clean Water Act … Continue reading

The Slants in the Supreme Court

As we noted earlier this year, The Slants–an Oregon rock band comprised of frontman, Simon Tam, and other Asian-American band members–was denied a trademark on the band name because the United States Patent and Trademark Office decided the name was … Continue reading

The Ohio Legislature is dazed and confused about equal protection

Earlier this month, Ohio Governor John Kasich signed Ohio HB523, a bill legalizing medical uses of cannabis in the state. Like every other state to liberalize its regulation of marijuana, Ohio will strictly regulate all new businesses participating in the … Continue reading

“Ban the box” laws and disparate impact liability

Pacific Legal Foundation opposes disparate impact, a form of liability that brands an act (e.g. an employer’s hiring practice) as discriminatory just because it does not produce the “right” racial result. There are many objections to disparate impact liability, but chief … Continue reading

Weekly litigation report — June 24, 2015

Equality under the law project — loss at the Supreme Court San Francisco still trying to use landlords as ATMs California Department of Forestry malfeasance California Supreme Court allows questionable tort claim to move forward Equality under the law project … Continue reading

Court strikes down federal fracking regulations

Over on the Federalist Society’s FEDSOC BLOG, I have a post discussing a recent decision from a federal court that federal bureaucrats overstepped their authority when they adopted fracking regulations. In 2005, Congress exempted fracking from regulation under the Safe … Continue reading

Justice Alito’s dissent in Fisher v. University of Texas highlights discrimination against Asian-Americans

Fisher v. University of Texas was a blow to those battling against racial preferences. However, for those looking for any silver lining, Justice Alito’s dissent provides some relief. For the first time in a major affirmative action case, a Supreme … Continue reading