Must BP compensate people who were never harmed by BP?

60 minutes has a fascinating piece that illustrates many of the problems with the civil justice system today.  After the Deepwater Horizon spill in 2010, BP entered into a settlement agreement in which it agreed to pay businesses for losses … Continue reading

A new, and unconstitutional, approach to contract law

Patricia Atalese signed a contract with a financial services firm, in which she agreed that “any claim or dispute” between herself and the firm, related to the services provided, “shall be submitted to binding arbitration upon the request of either … Continue reading

Court of Appeal deals a blow to the state’s ban on suction dredge mining

The California Court of Appeal has issued a decision that seriously undermines California’s ban on suction dredge mining. Adopting the argument of our amicus brief, the Court held that a state ban forbidding all commercially beneficial use of a federal … Continue reading

PLF appeals sea otter dismissal

PLF has filed its opening brief in the Ninth Circuit challenging the dismissal of a challenge brought by Southern California fishermen against the U.S. Fish and Wildlife Service’s decision to violate federal law by terminating protections for them and their fishery guaranteed … Continue reading

Can governments rely on outdated rationales to justify onerous regulation?

In 1952, Emmett Ashford became the first African American umpire in organized baseball and Dwight Eisenhower was elected President of the United States. That same year, the Pennsylvania legislature decided that funeral homes needed to be heavily regulated. Under a 1952 … Continue reading

Update: PLF attorney Anastasia Boden to appear on the Andy Caldwell show

I’ll be speaking September 3rd at 4:30 pm PDT on the Andy Caldwell show about Labor Day and the right to earn a living.  You can stream the broadcast online here. … Continue reading

Labor day and the right to earn a living

Most everyone who sees suffering wishes they could do something about it, but often times this sympathetic impulse leads people to jump to quick fix policies without thinking about the consequences. Take for example, the minimum wage. … Continue reading

President’s weekly report — August 29, 2014

Property Rights — double-secret easements in Hobe Sound Like the fictional Delta House double secret probation, the Flash Beach Grill in Hobe Sound, Florida, finds itself subject to a secret unrecorded conservation easement.  Unbeknownst to Robert and Anita Breinig, when they purchased land … Continue reading