Can governments rely on outdated rationales to justify onerous regulation?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

President’s weekly report — August 22, 2014

Property Rights — Extortion-by-the-Bay We had a hearing today in Levin v. San Francisco on our challenge to San Francisco’s new scheme to extract huge chunks of cash from rent-controlled landlords who wish to go out of the landlord business.  For … Continue reading

“They pretend public benefit, intend private”

Four centuries ago, Sir Edward Coke, one of the founding fathers of the Anglo-American legal tradition, explained how businesses often collude with government to illegalize competition. They persuade the government to adopt licensing laws or other restrictions, which allow existing firms … Continue reading

Government monopolies: the Court should not allow immunity unless anticompetitive laws are subsantively justified

(Part 4 of a series. Here are Part 1, Part 2, and Part 3) In N.C. Dental Examiners v. FTC, the Supreme Court will decide whether to extend Parker antitrust immunity to state regulatory agencies that are dominated by private … Continue reading

Government monopolies: the Court should enforce the “active supervision” requirement

(Part 3 of a series. Here’s Part 1, Part 2, and Part 4.) In the N.C. Dental Examiners case, the Supreme Court will decide whether Parker antitrust immunity should apply to state regulatory agencies that are run entirely by private parties … Continue reading