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

When Obamacare fails, the Executive can’t blame states

As readers well know, the Affordable Care Act (ACA) imposes all sorts of new restrictions on the types of health insurance policies that can be bought and sold.  Naturally, this means that a lot of people who liked their health … Continue reading

Homeowners, farmers, ranchers, and realtors ask supreme court to hear PLF’s seawall appeal

This week, a wide and diverse array of California constituencies filed compelling letters in support of PLF’s petition for review in Lynch v. California Coastal Commission, which currently is pending before the California Supreme Court. … Continue reading

Democracy, distrust, and the Schuette dissent

Today is Election Day. As Justice Sotomayor noted in her dissent in Schuette v. BAMN, “we are fortunate to live in a democratic society. But without checks, democratically approved legislation can oppress minority groups. For that reason, our Constitution places limits on … Continue reading

Senator Vitter supports PLF’s Clean Water Act petition to U.S. Supreme Court

Yesterday, we reported here that we had filed a petition for review in the U.S. Supreme Court to protect landowners from government abuse under the Clean Water Act.  Today, we are happy to report that Senator Vitter, on the Environment … Continue reading

Moneyball Sentencing

University of New Mexico School of Law Professor Dawinder Sidhu has an excellent article available at SSRN about the criminal justice’s system increasing use of statistics to predict a defendant’s future dangerousness.  Professor Sidhu analogizes to the concept of Moneyball—or … Continue reading

What can Moneyball teach us about the debate over racial preferences?

Some things are accepted as so obvious that people rarely ask whether they are true. Take baseball for example. There used to be a time when fans and managers alike hyped up a pitcher as a “winner,” a batter as … Continue reading

Is PLF’s Obamacare challenge headed to the High Court?

“Developments in the last ten days make it more likely that the entire U.S. Court of Appeals for the D.C. Circuit will agree to hear the leading challenge by the Pacific Legal Foundation (PLF) to the Obamacare individual-mandate penalty — … Continue reading

Should abstract justice displace contract law?

The Texas Supreme Court is currently considering one of the most important contract cases in recent years. In Plains v. Torch (our shortened name, for the sake of convenience), two oil companies dispute the rightful owner of a 43 million … Continue reading