When Do Regulations Violate our Rights?

Michael Lovins and Arif Panju

The government requires a license to work about 500 different jobs. How arbitrary and unreasonable can those licensing requirements be before they violate your constitutional (state or US) rights to earn an honest living? Can the government pass laws just to protect established businesses with good lobbyists? If the regulations violate your rights, what can you do?

My guest today is Arif Panju (@arifpanju) of the Institute for Justice (@IJ). Arif and IJ have sued the government in state and local courts to protect the rights of regular folks to earn a living without unreasonable government interference. We talk about several important cases that they have litigated, including Patel v Dept of Licensing and Regulation and St Joseph Abbey v Castille, 712 F3d 215.

What do these cases (and similar cases) mean for economic freedom? What do they mean for you?

Other cases mentioned: Buck v Bell and Kelo v New London.


Prison Conditions & 8th Amendment Cruel and Unusual Punishments

Can the conditions in a prison be so bad that they violate convicted criminals’ right to be free from cruel and unusual punishment? Can our prison system treat its pigs better than its inmates (yes, that’s a real question)? These are questions that are all raised by the lawsuit filed by my guests in this episode.

My guests are Jeff Edwards and Mike Singley of the Edwards Law Group. These two talented trial lawyers, along with a great team of other lawyers, sued the State of Texas in federal court because the conditions at the Pack Unit were so bad that there was an imminent threat of heat-related deaths. They won in the district court three times, and Texas appealed all three times to the very conservative Fifth Circuit Court of Appeals. The inmates won all three appeals, and then Texas finally settled.

In this episode, we discuss what conditions were like in the Pack Unit, and why it wasn’t “just hot.” This is the first of a handful of episodes relating to criminal justice reform. Considering the massive numbers of people America has behind bars, the conditions of that confinement deserves serious attention.

If you want to be a real nerd (like me), here are some of the key case documents. The most important 5th Circuit opinion can be found here. The district court’s order granting the injunction requested by the inmates is here. And the district court’s order approving the settlement between the State of Texas and the class of inmates is here.

Here’s how you can listen!

 

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See you next time.

Introducing the Personal Responsibility Lawyer Podcast!

Welcome to the Personal Responsibility Lawyer Podcast!

It seems only fair that if I’m going to do a podcast, I should tell you what it’s about. And I would do that if I had a really clear and easily defined subject matter. I don’t. So here I give you a decent overview of what I have in mind, and I invite you to listen along as we explore all sorts of topics related to Personal Responsibility.

The topic intersects with law, religion and spirituality, politics, and human stories. Many upcoming episodes will contain interviews with smart and/or inspiring people about a lot of different topics. And sometimes I may just rant about something that is on my mind and that I think others will find interesting.

So that’s what the podcast is about. And you probably don’t even need to listen to this Intro Episode now.

You’re welcome.