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Author: Daniel Woislaw

September 14, 2021

ADU reform: what good is a law if it’s not enforced?

The California legislature has passed revolutionary legislation in the past few years that makes it easier for residents to build additional housing in the form of accessory dwelling units (ADUs), more recognizable to some as granny flats, basement apartments, or small backyard cottages. These new reforms, which remove costly and complicated barrie ...

August 12, 2021

Federal tire-chalking case to answer big constitutional questions

When attorneys Phil Ellison and Matt Gronda saw a meter maid chalking someone's car tire outside the courthouse in Saginaw, Michigan, they decided to make a federal case of it. After all, a car is private property, they reasoned, and leaving a chalk-line behind on it to find out if it moves is a "search." ...

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 ...

April 08, 2021

Can the police enter your house and take your stuff without a warrant?

Can the police enter your home and confiscate your weapons without a warrant? That's the question the Supreme Court is getting ready to decide in Caniglia v. Strom. But the answer won't be found in the Second Amendment. Instead, the Court will consider whether the police violated a Rhode Island man's Fourth Amendment right against ...

March 24, 2021

The Courier-Journal: Lawsuit amid COVID-19 seeks end to Beshear’s rule by never-ending emergency decrees

For the past year, Gov. Andy Beshear and his public health administration have ruled over the people of Kentucky through unending executive orders instructing people and businesses how to conduct themselves during the pandemic. On Feb. 2, the clock began to run down on those powers. And on March 5, the clock ran out. It's ...

February 22, 2021

The Magna Carta, property rights, and the right of exclusion

In 1215, a group of powerful barons in England rebelled against the tyrant King John's exercise of arbitrary power, forcing him to sign one of the most important documents in human history: The Magna Carta Libertatum, the Great Charter of Liberties. Before this document came into existence, the king made a habit of traveling around ...

August 24, 2020

The Hill: Pandemic or not, the regulators are cooking up bad news for bakers

As we enter our sixth month of pandemic life, amateur bakers and chefs are looking to turn their skills in the kitchen into a little extra cash by selling their culinary creations online or in their local communities. This popular trend, however, comes with a sea of red tape and threats of home intrusion. It ...

June 24, 2020

Supreme Court must remind law enforcement that not even the police are above the law

In 2015, an armed shoplifter fleeing the police broke into the Lech family's home in Greenwood Village, Colorado. The shoplifter, who chose the Lech's house at random, refused to come out and opened fire on the cops outside. In response, local police used explosives, high-caliber ammunition and a battering ram mounted on a tank-like vehicle ...

May 18, 2020

This Massachusetts town tried shutting off some residents’ water to combat COVID-19, but that’s unconstitutional

Attempting to prevent the spread of COVID-19 infections, officials in the town of Salisbury, Massachusetts, recently deprived seasonal homeowners of the right to receive running water in their homes. The reasoning was that if these homeowners couldn't access the town's public water utility, they wouldn't return to Salisbury for the vacation season ...

March 18, 2020

This unknown colonial lawyer helped spark the American Revolution and paved the way for American property rights

George Washington, Thomas Jefferson, James Madison, and the other Founding Fathers are rightly celebrated for their role in freeing America from oppressive British rule and building a government that has stood the test of time. But James Otis, a Boston lawyer in the mid-1700s, was one of the American Revolution's most important intellectual influen ...