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Year: 2021

August 02, 2021

The Hill: Pulling back the curtain on DC’s rulemakers?

For all matters of government policy, there's usually someone to praise or blame. When it comes to agency rulemaking, however, it is not often so clear who's responsible. A new bipartisan bill in front of Congress could fix that. With federal regulation, all executive action should, in theory, be consistent with law and reflect the ...

July 29, 2021

Still no place to live: The local barriers to the accessory dwelling unit revolution

ADUs are small homes located on the same lot as an existing single- or multi-family home, such as a garage apartment, a basement unit, or a backyard cottage. While ADUs can't solve the country's housing crisis, they are an important piece of a property rights and free market-based solution.   ...

July 29, 2021

Texas Bureaucrats Cannot Reclassify Private Properties as Public Beach

Private property rights are one of America's core founding principles. As John Adams astutely noted, "Property must be secured, or liberty cannot exist." But even in states that pride themselves for upholding such principles, private property rights are often challenged by bureaucrats. The Texas General Land Office (GLO) recently has threatened the ...

July 27, 2021

As pandemic subsides, why are governors still exercising “emergency powers”?

As the COVID-19 pandemic gradually recedes from the highs we saw in 2020, we should carefully reflect on what the past 15 months of a public health emergency have taught us. As a longtime advocate for individual liberty and limited government, here's the principal lesson I take from our pandemic experience: The separation of governmental ...

July 26, 2021

The Hill: COVID-19 eviction bans expose deeper hostility toward property ownership

What would you think if the government dictated that you won't be paid for more than a year but you must keep working? As unlikely as you might consider such a scenario, this hypothetical is Howard Iten's reality. Iten, a commercial landlord in Los Angeles, is under Los Angeles County's pandemic-driven mandate to continue running ...

July 21, 2021

Governor Andrew Cuomo’s gun violence emergency order shows why unchecked executive powers are so dangerous

During the COVID-19 pandemic, governors across the country claimed extraordinary emergency power. For weeks and then for months and then for over a year, they used this purported authority to unilaterally shut down businesses, enact health and safety measures, and issue sweeping emergency orders. Such broad emergency power may have made sense in th ...

July 19, 2021

The Chicago Tribune: Coach houses expand Chicago’s housing availability. The city should fully embrace them.

It's not often that Chicago's City Council passes a housing law that can benefit nearly every Chicagoan. But the city did exactly that when it took its first—albeit tepid—step toward lifting its half-century ban on Accessory Dwelling Units (ADU's), or as they're more commonly known, coach houses or granny flats. In December last year, the ...

July 19, 2021

The Hill: Biden’s Education Department must choose accountability or a ‘Marbury v. Madison’ moment

The Biden presidency largely has been hailed as a return to normalcy, transparency and accountability following the tumultuous years of the Trump administration. Why then, is Biden's Department of Education refusing to allow one of its most important oversight boards to meet? The National Board for Education Sciences (NBES) is an advisory committee ...

July 16, 2021

The time has come to end discrimination in public education

Right now, the Supreme Court has given the government the opportunity to weigh in on a case in which Asian-American applicants allege discrimination by Harvard's Admissions Committee. Another suit, alleging anti-Asian discrimination at Yale, has been filed in federal district court. Some selective high schools have also revamped their admissions pr ...

July 16, 2021

Daily Journal: The High Court upholds nonprofit donors’ constitutional right to privacy

To anyone considering donating to a nonprofit organization (and I know a few good ones!), I have some great news: The U.S. Supreme Court has upheld your constitutional right to privacy of association. On July 1, in a 6-3 opinion in Americans for Prosperity Foundation v. Bonta, 2021 DJDAR 6702, the Supreme Court struck down ...

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