Articles

The Dispatch : How competitive high schools get away with race-based admissions

May 09, 2024 | By ALISON SOMIN

“Eliminating racial discrimination means eliminating all of it,” Chief Justice John Roberts wrote for a majority of the Supreme Court in last summer’s Students for Fair Admissions opinions, which held that affirmative action policies at Harvard and the University of North Carolina violated the Constitution. While colleges can no ...

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Explaining the Fourth Amendment : What counts as persons, houses, papers, and effects?

May 08, 2024 | By DANIEL WOISLAW

This series will focus on what “persons,” “houses,” “papers,” and “effects” mean, tackling each in turn, and examining how they stack up against the increasingly sophisticated ways that cities, bureaucrats, police officers, and even municipal code inspectors investigate Americans in the 21st century. ...

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The Commerce Clause made easy

April 30, 2024 | By JEFF JENNINGS

The federal government asserts most of its modern regulatory power over the individual ostensibly under the Commerce Clause, and therefore, it’s important for anyone who loves liberty to understand its true scope. This article looks at the clause’s background and then the two main powers that it gives the federal government. Background ...

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R.J. Smith, champion of private conservation

April 26, 2024 | By NICOLE W.C. YEATMAN

In 1981, scholar R.J. Smith argued private property rights were key to preserving natural resources and wildlife.  “The problems of environmental degradation, overexploitation of natural resources, and depletion of wildlife all derive from their existence as common property resources,” he wrote in “Resolving the Tragedy of the Co ...

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Fox News : Supreme Court can fix the homeless crisis that the government caused

April 26, 2024 | By MARK MILLER

On Monday, April 22, the Supreme Court will hear arguments in City of Grants Pass v. Johnson . The question before the justices is: did the Ninth Circuit correctly hold that the Eighth Amendment prevents cities from enforcing civil or criminal restrictions on the homeless sleeping or camping on public property? Underlying the specific legal … ...

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California occupational licensing bill picks winners and losers based on their race

April 25, 2024 | By ANDREW QUINIO

California legislators are considering a bill that gives the government the authority to choose winners and losers based solely on their race. According to the Little Hoover Commission, as of 2016, one in five Californians are required to obtain an occupational license before they are allowed to earn a living in their chosen career field. … ...

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The Center Square : Greater government accountability comes to Indiana

April 22, 2024 | By KILEEN LINDGREN

As the legislative session unfolded in Indianapolis, a theme emerged – the government must be more accountable to the people. Gov. Eric Holcomb’s recent signing of a suite of new bills ensures that Indiana’s courts and executive agencies are serving their proper roles and not abusing their power. Hoosiers across the state will benefi ...

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With Sheetz victory, PLF’s record at the Supreme Court is unmatched 

April 19, 2024 | By NICOLE W.C. YEATMAN

On April 12, 2024, the Supreme Court ruled for Pacific Legal Foundation client George Sheetz in a case challenging extortionate permit fees for homebuilders. PLF now has won 18 of 20 cases we’ve litigated at the Supreme Court. Ten of the 18, including Sheetz, were unanimous decisions. Seven were won in the past five years. … ...

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Asking hard questions about the law on Passover

April 19, 2024 | By MOLLY NIXON

One of the main themes of the Passover seder is asking questions. Early in the evening, the youngest child capable of reading (or singing) recites “Ma Nishtana,” which asks why we do things differently tonight—at the seder—from all other nights (we eat matzah, we all recline, etc.). Many parts of the seder are structured to … ...