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Judicial Reform

The judicial branch of government has overstepped its bounds and increasingly ignores the precepts of common law.

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LISTEN NOWThe Freedom Files Podcast Episode 22: Ajit PaiListen Here

Know the legal system and its impact on the economy.

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Blog

A Victory in the Face of Preposterous Copyright Laws

On Tuesday, U.S. District Judge George H. King issued a ruling that should make celebrating your birthday a little bit happier. For the better part of a century, the song “Happy Birthday to You” had been locked up under copyright claim, and those who wanted to officially use the song had to pay royalties to the company that owned its rights. These royalty payments were often collected from stage productions, television shows, movies, and even greeting cards, whenever they decided to use the celebratory song. However, after a long 80 years, King has rendered the copyright invalid, since the original only granted rights to the explicit piano arrangements and not the song itself.

09/28/2015
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Court Rules to Protect Fair Use

The Ninth Circuit Court of Appeals has issued a ruling on the always blurry “fair use” concept in copyright law, that stands to reduce nuisance suits and open new doors for innovation and adaptation.

09/17/2015
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Judge Brings California One Step Closer to Killing Uber

In the state of California, the popular ridesharing service Uber is under serious attack. We’ve covered how earlier this year, the California Labor Commission issued a ruling that the company’s drivers should be classified as employees, rather than the independent contractors Uber claims they are. This classification has major implications for Uber and all similar services in the future, since employees are subject to massive labor regulations from which contractors are exempt. The cost of complying with these regulations would be crippling, if not fatal, for Uber’s services in California, and the door would be closed on any businesses with a similarly innovative business model in the future.

09/02/2015
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Judge Blocks the EPA's Damaging Water Rule

A federal judge has granted a preliminary injunction against the EPA, stopping a controversial water regulation in 13 states. The states in question are suing to stop the new water rule, which would violate private property rights and substantially harm individuals and businesses alike. The injunction stops the EPA from enforcing its rule until the results of the lawsuit are decided.

08/28/2015
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Baltimore Court Rules for Data Privacy

A federal judge in the Fourth Circuit Court of Appeals in Baltimore has issued an important ruling with broad implications for cell phone privacy. According to the Court, law enforcement needs to get a warrant before seizing cell phone records that contained detailed information on the owner’s location.

08/17/2015
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Economic Favoritism A-OK in the Second Circuit

The Second Circuit Court of Appeals recently upheld a restriction that limits the use of teeth-whitening LED lights to licensed dentists. Not only does this requirement make no sense, the court reached some extreme conclusions in their decision.

08/05/2015
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EPA: A Rogue Agency

The Fourth Circuit has joined a growing number of courts, including the Supreme Court, in slapping down actions by the EPA. The court recently denied the EPA’s challenge to a discovery order from a federal judge in West Virginia.

08/05/2015
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ObamaCare and the Supreme Court Episode IV: A New Hope

The Supreme Court has now largely upheld ObamaCare, with a carve-out from the contraceptive mandate for closely held companies, the first three times the law has been challenged in the Court. Because of this, it is difficult to have much faith that the Court will ever overturn the law based on constitutional concerns. However, there is still another case working its way through the DC Circuit, Sissel v. HHS, challenging ObamaCare based on the Origination Clause.

07/15/2015
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Court Increases Questioning of the Jiggery Pokery that is Chevron Deference

Chevron deference has been used by the Supreme Court since 1984. Since that time, federal agencies have been able to capture more and more power over the American people.

07/09/2015
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Supreme Court Takes Case Challenging Public-Sector Union Fees

On their last day in session this term, the Supreme Court justices agreed to hear the case Friedrichs v. California Teachers Association. The plaintiffs are challenging the public-sector “agency shop” arrangements that were validated by the Supreme Court decision Abood v. Detroit Board of Education in 1977.

07/07/2015

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