One of the biggest dangers of not providing adequate constitutional protections for private property is that public officials can misuse their power to take property for private gains. Government actors, after all, have an…more
Horne v. U.S. Dept. of Agriculture
Long-time California raisin farmers Marvin and Laura Horne have been forced to experience firsthand the costs that America’s regulatory state imposes on entrepreneurs, especially innovative members of the agriculture industry…more
It is long past time to declare victory over Jim Crow and move on to a healthier stage of race relations, particularly with respect to how the American people elect their government representatives. This term the Supreme Court…more
Spirit Airlines v. U.S. Dep’t of...
It is axiomatic that the freedom of speech is vitally important to our democratic society and that being able to criticize the government is at the core of this freedom. Yet government officials are constantly inventing new ways…more
Nelson v. City of Rochester
A person’s home is his castle and thus affords certain protections and immunities — including the right to exclude unwanted visitors — that apply whether you own or rent. Unfortunately, ordinances authorizing general…more
PPL Corp. v. Commissioner of Internal ...
PPL, an American energy company, bought one of many state-owned British utilities privatized in the 1980s. In 1997, PPL became subject to the U.K.’s new “windfall tax,” which was based in part on “profit-making value”— the…more
Should federal agencies be allowed to determine the limits of their own authority, or are the courts responsible for ensuring that agencies do not exceed the authority given to them by Congress? This important question is…more
Koontz v. St. Johns River Water...
Coy Koontz, a Florida land owner, was denied a permit to develop his commercial property because he would not agree to use his money and labor to improve 50 acres of government-owned land miles away from his land. Improving this…more
Hettinga v. United States
Hein and Ellen Hettinga are dairy farmers ("producers" under the law at issue) as well as processors and distributors of milk ("handlers") doing business in Arizona and California. Under a federal pricing and pooling arrangement…more
Statutes of limitations exist for good reason: Over time, evidence can be corrupted or disappear, memories fade, and companies dispose of records. Moreover, people want to get on with their lives and not have legal battles from…more
Nat'l Assoc. of Optometrists &...
The National Association of Optometrists & Opticians represents eyewear manufacturers and distributors in California, where state officials have been myopic with respect to business regulation. Under California's Business and…more
The Standard Fire Insurance Co. v....
To discourage plaintiffs' lawyers from trying to keep class-action lawsuits in state courts that have a reputation for trial awards and settlements that benefit those same lawyers, Congress passed the Class Action Fairness Act…more
Elane Photography v. Willock
Elane Photography, a Christian-identified business in Albuquerque, declined to photograph Vanessa Willock's same-sex commitment ceremony based on the business owners' personal beliefs. New Mexico law prohibits any refusal to…more
Wheaton College v. Sebelius and...
In January, when the Department of Health and Human Services announced that qualifying health insurance plans under Obamacare would have to cover contraceptives and "morning after" pills, many religious institutions — most…more
When Brian Hall, former House Majority Leader Dick Armey, and other over-65 retirees requested to opt out of Medicare's hospital insurance coverage (because they preferred their existing private coverage), the Social Security…more
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