It includes commentary by housing policy specialist Emily Hamilton (Mercatus Center), and economist Filipe Campante (Johns Hopkins University).
Such laws, which allow redundant prosecutions based on defendants' bigoted beliefs, supposedly are authorized by the amendment that banned slavery.
The suit deserves to fail for much the same reasons as Trump-era attacks on immigration sanctuaries.
"Obviously we could have used the money, but at what cost?,” says Sheila Hemphill, an activist and lobbyist from Brady, Texas
The article challenges longstanding conventional wisdom. It is coauthored with political scientist Michael Dichio (University of Utah).
His judicial philosophy emphasized promotion of democracy, a theme in tension with his emphasis on the need for deference to expertise.
The crux of the argument is the distinction "between occupational risk and risk more generally."
The article challenges longstanding conventional wisdom claiming that judicial review of democratically enacted laws is at odds with popular political choice.
The justice's reference to a national "police power" raised some eyebrows.
Most of the justices appear to be skeptical of the argument that the agency has the power it is asserting.
How foot voting can expand political freedom for Americans, particularly the poor and disadvantaged.
Recent articles in the Texas Monthy and the New York Times provide some useful insight on why Texas has been gaining migrants at such a high rate.
We cover many issues related to the book, as well as freedom of movement more generally - both domestic and international.
Now available on Amazon, after a supply chain delay.
Flagging some interesting blog posts on the question.
Absent Roe, current Supreme Court precedent likely gives the federal government considerable power to either restrict or protect abortion rights. But that precedent could potentially be limited in ways advocated by Supreme Court Justice Clarence Thomas, an unlikely potential savior of abortion rights!
The justices may find it difficult to uphold Mississippi's abortion ban without overturning Roe v. Wade.
Rep. Nancy Mace is touting "a framework which allows states to make their own decisions on cannabis."
The appeals court said the rule, which was published on Friday, raises "grave statutory and constitutional issues."
Nuisance claims may not be a particularly effective way to address the problem of climate change, but federal law does not preempt state common law nuisance claims seeking compensatory damages.
The post focuses attention on an aspect of federalism that is often overlooked in current law and policy debates.
In a prior case challenging the law, the 5th Circuit said state judges were not appropriate defendants.
Four blue states' misguided legal challenge to the cap on the SALT tax deduction suffered a well-deserved defeat in the Second Circuit. The case is likely over.
A unanimous panel makes quick work of meritless legal claims.
The case was the subject of a Supreme Court ruling in which the power of eminent domain prevailed over state sovereign immunity.
The article explains how expanding opportunities for foot voting can enhance political choice, help the poor and disadvantaged, and reduce the dangers of political polarization.
The president seems determined to anoint the agency’s director as the nation’s COVID-19 dictator, no matter what the law says.
The secretary of education argues that federal law makes the CDC's COVID-19 guidelines for schools mandatory.
Senate Democratic Leader Charles Schumer is embracing a sensible approach to marijuana reform.
The Senate majority leader's racial rhetoric and overly prescriptive approach make an already iffy effort even more quixotic.
We can thank judges who were prepared to enforce constitutional limits on public health powers.
The mandate prevents bars states receiving federal funds under the Act from enacting tax cuts that are "directly or indirectly" offset by the grants.
In a careful ruling, Judge Cole concludes Ohio made its case, and enjoins enforcement of the mandate against Ohio.
Brett Kavanaugh, who provided a crucial fifth vote, said he agrees that the CDC does not have the authority to override rental contracts.
The agency’s legal defense of its eviction moratorium implies that it has vast powers to order Americans around.
The president supports the ban, and his fellow Democrats do not seem serious about attracting Republican support for repealing it.
The Court clarified that the challenged policy need only be a "de facto final" decision, and that property owners are not required to exhaust all possible state bureaucratic procedures before filing a federal takings case. The Court also emphasized that Takings Clause property rights have "full-fledged constitutional status."
But the issue of state taxation of remote workers is likely to recur.
In an opinion respecting the denial of certiorari, Justice Thomas suggests it may be time to reconsider Gonzales v. Raich
The anti-commandeering principle serves causes favored by both the right and the left.
If states are to have different marijuana laws and policies, federal reform is necessary.
It responds to a critique of the Supreme Court's major property rights ruling in Knick v. Township of Scott, by Profs. Stewart Sterk and Michael Pollack.
Biden's Justice Department has some problems with this.
Conservative states seeking to protect gun rights are copying the tactics used by liberal immigration sanctuaries.
The puzzle of marijuana's Schedule I status invites a reconsideration of the agency's vast discretion to decide which substances should be prohibited.
The MORE Act, which was reintroduced today, is full of contentious provisions that go far beyond repealing federal prohibition.
Participants include Prof. Edward Rubin (Vanderbilt), Prof. Carolyn Shapiro (Chicago-Kent), Ilya Shapiro (Cato Institute), and myself.
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