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The conversation on due process continues

I have two new posts up at Cato Unbound, addressing what it means to search for original meaning—and taking on the myth that Dred Scott was “a substantive due process case.” Don’t forget to check out...

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The relationship of states to the federal government

My most recent post in the ongoing discussion about substantive due process discusses federalism, states’ rights, and the Individual Mandate. … Continue reading → The post The relationship of states to...

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Why Chapman and McConnell are wrong about substantive due process

The conversation about substantive due process is winding down at Cato Unbound. This morning I offer some criticisms of Nathan Chapman and Michael McConnell’s new Yale Law Journal article on the...

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Some closing thoughts on substantive due process of law

I sum up with some thoughts on due process, and what the promise of lawful rule means. … Continue reading → The post Some closing thoughts on substantive due process of law appeared first on PLF...

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20 years of Pacific Northwest victories: fighting Seattle’s housing...

In one of our earliest efforts in the Pacific Northwest, PLF participated in several cases challenging the constitutionality of a Seattle ordinance that severely restricted the use of low income rental...

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A win for economic liberty in Pennsylvania

A federal judge in Pennsylvania today issued a decision striking down several provisions of that state’s anti-competitive laws regarding funeral homes—specifically, ones that limit the ownership of...

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Pacific Legal Foundation stands up for the right to open a business in Georgia

Tomorrow the Supreme Court of Georgia will hear arguments in WMW Honda v. American Honda Motor Company, a case that will determine the scope of a Georgia law that allows existing car dealerships to...

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PLF asks Supreme Court to review shoreline moratorium case: Samson v. City of...

PLF is continuing the fight to help shoreline property owners in Bainbridge Island, Washington, secure a legal remedy for losses they suffered when the city put a series of unlawful development...

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Protecting property owners from governmental misdeeds

Friday, Pacific Legal Foundation filed an amicus brief with a Florida appellate court in a shocking case of local government gone awry: The Town of Ponce Inlet v. Pacetta, LLC. According to the trial...

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Supreme Court declines to review Kentner

Pacific Legal Foundation is disappointed to report that the U.S. Supreme Court will not hear Kentner v. City of Sanibel, a PLF case that asked whether constitutional due process guarantees apply to...

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A forgotten property rights protection in Florida

The Environmental and Land Use Law Section of the Florida Bar (ELULS) recently published my article about a forgotten protection provided by Florida’s Bert J. Harris, Jr., Private Property Rights...

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Wanted: Courts that stand up to government bullies

Should courts defer to democracy? Many do. In fact, most constitutional challenges face an uphill battle because courts hesitate to question the judgment of legislatures. In a brief filed today in the...

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Weekly litigation report — June 10, 2107

Letter sent to school board in Florida on First Amendment violation Brief filed over EPA’s road ban Butter ban ruling sought California union-inspired anti-free speech rule appealed Free enterprise...

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Fed Soc teleforum on “the right to a better climate”

On Friday, I participated in a teleforum hosted by the Federalist Society on the Juliana case, currently pending in the Ninth Circuit Court of Appeals. The case is a challenge brought by several youth...

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What is "due process of law"?

The February issue of Cato Unbound focuses on substantive due process. The opening essay, by me, is adapted from my article, In Defense of Substantive Due Process. Responses will be coming soon from...

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The debate over Substantive Due Process continues

This month’s edition of Cato Unbound, featuring my article Why Substantive Due Process Makes Sense, continues today with a response by Prof. Ryan Williams, as well as an earlier response by Prof....

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[Updated!] The due process debate continues

The discussion over my article, In Defense of Substantive Due Process, is continuing at Cato Unbound. Prof. Gary Lawson has posted his response here, and now the general discussion is beginning. I...

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More on due process of law

The conversation over my article, In Defense of Substantive Due Process is continuing over at Cato Unbound. Check out these posts by Lawrence Rosenthal, Ryan Williams, and two by myself. And feel free...

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Reflecting on 20 years of PLF in the Pacific Northwest

This year marks the 20th anniversary of PLF’s Northwest Regional Center.  This is definitely a moment to celebrate, and we intend to do so.  But more than that, this is a time to reflect on two decades...

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The conversation on due process continues

I have two new posts up at Cato Unbound, addressing what it means to search for original meaning—and taking on the myth that Dred Scott was “a substantive due process case.” Don’t forget to check out...

View Article
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