President’s weekly report — March 27, 2015

Eminent domain — New Jersey Supreme Court abandons precedent In this 3-2 decision, the New Jersey Supreme Court upheld the use of eminent domain in 62-64 Main Street v. Mayor and City Council of the City of Hackensack.  The question here … Continue reading

President’s weekly report — February 27, 2015

Overcriminalization and the fishy abuse of Sarbanes-Oxley The United States Supreme Court issued a good decision in Yates v. United States, in favor of fisherman John Yates.  As described in our blog,  because Yates threw some undersized fish overboard after an inspection, … 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

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

Is HUD’s interpretation of the Fair Housing Act “wishful thinking on steroids”?

Last month the Supreme Court heard oral argument in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc.  In that case, the Court will decide whether disparate impact claims are cognizable under the Fair Housing Act (FHA).  Todd Gaziano, … Continue reading

National School Choice Week: School Choice stories in North Carolina

Lawyers love to talk to other lawyers about the law. Non-lawyers are usually more interested in how the law will affect them. Here at Liberty Blog, I’ve discussed the legal arguments in two important school choice cases before the North Carolina … Continue reading

Welcome to National School Choice Week 2015

For the fourth year in a row, PLF is celebrating National School Choice Week. You can see some of our previous celebrations of National School Choice Week here.  PLF is happy to join with so many scholars, organizations, schools, teachers, students, and parents around … Continue reading

President’s weekly report — January 23, 2015

Property Rights — New Jersey rejects takings claim The New Jersey Supreme Court issued this adverse ruling in Griepenburg v. Township of Ocean.  In that case the New Jersey Supreme Court held that a local government can zone a property … Continue reading

Oral argument held in Shea v. Kerry

On Tuesday of this week I was in Washington, D.C. arguing Shea v. Kerry before the D.C. Circuit Court of Appeals.  This case involves a challenge to the State Department’s discriminatory affirmative action program for Foreign Service officers.  The facts of … Continue reading

Sacramento Bee publishes PLF op-ed on disparate impact and the Fair Housing Act

Today’s Sacramento Bee carries this op-ed by PLF attorneys Ralph Kasarda and Wen Fa on Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, the Supreme Court case on whether disparate impact claims are cognizable under the … Continue reading