Could Texas soon be back under federal Voting Rights Act supervision?

In October, federal judge Nelva Gonzalez Ramos of the Southern District of Texas issued a far-reaching opinion striking down Texas’ new Voter ID law on several grounds. She not only found that the law violated Section 2 of the Voting … Continue reading

How would you avoid disparate impact liability?

Disparate impact theory tells employers that they have broken the law when a concededly neutral hiring practice produces too many employees of one race and not enough of another. Let’s say you’re an employer looking to hire 20 people from … Continue reading

President’s weekly report — December 12, 2014

Property Rights — California Coastal Commission The California Coastal Commission has never been happy with our 1987 victory in Nollan v. California Coastal Commission where the United States Supreme Court held that its practice of demanding exactions in exchange for … Continue reading

President’s weekly report — December 5, 2014

Property Rights — The Public Trust Doctrine like The Blob? PLF attorneys filed an amicus brief with the Oregon Court of Appeals in Kramer v. City of Lake Oswego—a case in which two public access activists argue that the “public … Continue reading

Make the Fair Housing Act fair: Remove disparate impact

On October 2, 2014, the United States Supreme Court granted review in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc.  When it did, the Court made it clear that it only wants to resolve one … Continue reading

Elite universities sued over race-based admissions

Yesterday, Harvard University and the University of North Carolina were sued over their race-based admissions practices. The complaints (here and here) describe, in detail, the divisive use of race at both universities. … Continue reading

President’s weekly report — November 14, 2014

Clean Water Act This week, we submitted comments on the Army Corps of Engineers and EPA’s proposed rule redefining the term “waters of the United States” under the Clean Water Act. The rule, if adopted, would be the largest expansion of power … Continue reading

President’s weekly report — November 7, 2014

Property Rights — Coastal Land Rights Victory We received a mixed, but largely favorable opinion from the federal trial court in Sansotta v. Town of Nag’s Head. This is the case where the town refused to allow beachfront homeowners to … Continue reading

Federal judge calls out HUD; strikes down disparate impact regulations

This week a judge from the U.S. District Court for the District of Columbia vacated disparate impact regulations promulgated by the Department of Housing and Urban Development (HUD).  The regulations were based on a twisted interpretation of the Fair Housing Act … Continue reading