A New Gun Law Reflects the Worst Instincts of Both Parties
The Bipartisan Safer Communities Act increases the penalties for violating arbitrary firearm bans.
Law & Government
Not Everything Is a National Emergency
If the National Emergencies Act goes without reform, presidents will continue to misuse emergency declarations as leverage to shift Congress.
Is It TikTok's Fault When Children Die Making Dangerous Videos?
A lawsuit alleges that the social media giant "tries to conceal the dangerous and addictive nature of its product, lulling users and parents into a false sense of security."
Congress Considers Gay Marriage Bill To Avoid a Future Supreme Court Showdown
Passing an actual law is a good and proper way of enshrining recognition.
California Environmentalists: Bees Are Now Fish
The state's Endangered Species Act doesn't protect insects, so environmentalists and government officials intent on helping bees had to get creative.
Better Immigration Laws Could Help Lower Food Prices
The Senate is considering legislation that would improve the visa program for temporary agricultural workers and help relieve labor shortages that push food prices higher.
Republicans Seek Child Support Payments for Fetuses
Plus: Judge blocks Title IX guidance, Amazon admits turning over Ring surveillance footage to cops, and more...
When Should an Appellate Court in a Criminal Case Describe a Victim as the "Alleged Victim"?
In a petition for reconsideration, I ask the Utah Supreme Court to modify a recent opinion to remove the qualifier "alleged" in front of term "victim" in light of the fact that the defendant has been convicted of sexually assaulting the victim.
Doctors Say Federal Bureaucracy Is Keeping Them From Adequately Treating Monkeypox
One vaccination requires 100 pages of government paperwork to be processed before treatment.
Did Joe Manchin Just Sink Biden's 'Build Back Better' Plan Again?
Plus: Why government responses to risk can create more harm than good, why Denver will no longer block illegal immigrants from starting businesses, and more...
A Global Tax Cartel Is Floundering. Good.
Just as you don't attract bees with vinegar, you don't attract corporations by promising to tax them heavily.
Utah Wants To Help Afghan Refugees Prosper. Will the Federal Government Get in the Way?
The federal government set the tone on the beginning of the resettlement process. It continues to keep legal status for certain evacuees out of reach.
Is Twitter's Lawsuit Against Elon Musk a "Loser"? (Updated)
Corporate law profs disagree on the merits of Twitter's lawsuit to force Elon Musk to follow through with his offer to buy the company.
Stephen Carter Makes the Case for Barring the Bar Exam
The famous columnist and Yale Law School professor points out that the case made against other standardized tests, such as the LSAT, also applies to bar exams.
The Progressive Case for Cost-Benefit Analysis (But Not As Conducted in the Trump Administration)
My review of Reviving Rationality:Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health by Michael Livermore and Richard Revesz.
Congressional Staffers Demand Their Bosses Enact Climate Legislation
"We've crafted the legislation necessary to avert climate catastrophe. It's time for you to pass it," proclaim staffers in a letter to Congressional leaders.
How Georgia's Outlandish Ballot Access Law Is Protecting Marjorie Taylor Greene (and the Two-Party System)
A ballot access law meant to block Communists has become an obstacle to third-party politics.
Does West Virginia v. EPA Doom the SEC's Climate Disclosure Rule? (Updated)
The Supreme Court is skeptical of agency efforts to pour new wine out of old bottles.
"So No Damages for Past Injury, Due to Immunity—and no Injunction to Stop Future Injury, Due to Mootness"
An interesting concurrence by Fifth Circuit Judge James Ho.
Pete Buttigieg Is Moving to Michigan. He Should Take the Transportation Department With Him.
It would signal that the transportation future involves decentralization and rapid change rather than Washington-style command-and-control.
If Congress Bans Abortion, This New Deal Precedent Will Be at the Center of the Legal Battles
A 1942 decision about the Commerce Clause takes on new importance post-Roe.
States Must Allow Abortions When Woman's Health or Life Is Threatened, Says HHS
Plus: When "anti-wokeness" becomes an obsession, why immigrants are upwardly mobile, and more...
Trump and Steve Bannon Waive Executive Privilege they do not Have
The "waiver" opens the door for Bannon to testify before the congressional January 6 Committee. But former presidents are not entitled to executive privilege, and especially not when it comes to testimony by private citizens.
Will Chevron Get the Lemon Treatment?
The Supreme Court proclaimed this term that the Lemon test had been abandoned. Is this what is in story for Chevron?
New Japanese Law Makes 'Online Insults' a Jailable Offense
Dedication to free speech is in short supply around the world, with Britain and Canada previously considering similar bills.
Biden Issues Executive Order Designed To Protect Abortion Access
The abortion wars have entered a new phase.
The Food & Drug Administration Has a Vaping Problem
Something is wrong at the Food & Drug Administration's Center for Tobacco Products, and federal courts are beginning to notice.
Liz Wolfe: How San Francisco's Failures Could Help Austin and Miami
Associate Editor Liz Wolfe discusses the political and economic fortunes of both Austin and Miami, plus potential reasons these pastures might not always be greener.
Democrats Are Trying To Push Through Another 'Build Back Better' Bill. It Would Only Make Inflation Worse.
Here's hoping we don't wind up with more of the spending and favoritism that's become so common.
Team Libertarian Report from National Constitution Center "Restoring the Guardrails of Democracy" Project Now Available on SSRN
I coauthored the report with Clark Neily and Walter Olson, both of the Cato Institute.
The Clarence Thomas Court Is Good News for Gun Rights, Bad News for Criminal Justice Reform
Like it or not, the Thomas Court is here.
The Utah Supreme Court Holds that Crime Victims Can Intervene in Criminal Cases to Protect Their Rights
The Court agrees with my argument that crime victims can become "limited-purpose parties" in criminal proceedings to protect their interests, such as an interest in the confidentiality of mental health counseling records.
Biden Celebrates $90 Billion Bailout of Private Union Pension Plans
Plus: Don't cry for the failure of Homeland Security's disinformation board, states discover supply-side solutions to labor shortages, and more...
National Constitution Center Releases Reports on "Restoring the Guardrails of Democracy"
The project includes reports by conservative, libertarian, and progressive teams. I am coauthor of the Team Libertarian report.
The Founders Loved Jury Trials. Almost No One Gets One Anymore.
John Adams called jury trials part of the "heart and lungs of liberty." Today, defendants are often punished for exercising that very right.
Supreme Court Ruling in "Remain in Mexico" Case is a Win for Biden, Migrants - and Fans of Presidential Power
The ruling likely allows end of a cruel policy - but also reinforces broad presidential control over immigration.
