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June 28, 2024

The Supreme Court just issued one of its biggest decisions in recent memory. In Loper Bright Enterprises v. Raimondo, No. 22-451 (2024), the Court overruled Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837 (1984). Even though this case has not received much media attention, its impact will be monumental. An enormous amount of power has just shifted from the executive branch to courts.

June 10, 2024

As you hopefully know, the government can’t just take your property on a whim. Under both the Oregon and U.S. Constitutions, the government must compensate you for a taking. So, if the government doesn’t compensate you, you can sue. But is there a time limit? If so, when does it start?

June 05, 2024

A lighthearted request to authors of legal articles.

May 13, 2024

I know that this blog is normally West Coast-oriented, but today I want to focus on something more nationwide: The TikTok ban. But we’re not going to be discussing the merits of the ban; we’re going to be talking about something way more interesting. Specifically, we’re going to talk about the fact that the recent lawsuit challenging the ban was filed directly at the D.C. Circuit.

March 27, 2024

This is going to be a short post because the takeaway is simple: Don’t lie about what your cases are about, and don’t make up cases that don’t exist. That’s the lesson from Grant v. City of Long Beach, No. 22-56121 (9th Cir. Mar. 22, 2024).

March 13, 2024

Have you ever opened a fresh bag of sunflower seeds and thought “man, I wonder how the interaction between tort and contract law bears on this snack”? If you haven’t, then that’s good news for your mental health. If you have, then this is just the post for you.

March 06, 2024

This is not the first time we’ve commented on fraudulent urine tests. This scheme is a little different from the last time though. This time, the lab was actually doing the tests. It wasn’t the doing the tests that was the problem. No, this time the problem is that the tests were not necessary. There... Continue Reading

February 09, 2024

The Oregon Supreme Court edition.

January 29, 2024

As excuses go, “the dog ate my homework” is pretty piss-poor. It raises way more questions than it answers: How’d the dog get on your desk? Why was your homework covered in beef gravy? What dogs love paper covered with graphite and eraser shavings anyways? But if you’re going to commit fraud, then using god... Continue Reading

January 29, 2024

I don’t know much about farm life. I mean, sure, I have kids so I read children’s literature which is full of farm animals acting like real people. But I can’t milk a cow or harvest wheat or grow a soybean. But I do know the phrase “fatten a pig for slaughter.” Don’t need to... Continue Reading

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