Research Reports
Cosmetology | Occupational Licensing
Clean Cut
Clean Cut analyzed thousands of health inspections across four states and finds nail salons and barbershops were clean and safe, regardless of whether workers faced burdensome licensing, lighter licensing, or no licensing at all.
Civil Forfeiture | Private Property
Forfeiture in Arizona Before Reform: Why Concerns About Abuse Were Justified
Using more than four years’ worth of data leading up to Arizona’s sweeping 2021 forfeiture reforms, this study finds lawmakers were right to worry that forfeiture was putting ordinary, often innocent, people at risk.
4th Amendment Project | Open Fields Doctrine
The Open Fields Doctrine Is Wrong
This year marks the centennial of the Fourth Amendment “open fields” doctrine. That doctrine holds that the vast majority of private land in the United States receives zero Fourth Amendment protection—and thus government officials can…
Civil Forfeiture | Private Property
Does Civil Forfeiture Fight Crime? Evidence From New Mexico
This study examined civil forfeiture’s impact on crime rates. Proponents of civil forfeiture, which allows law enforcement to take and permanently keep property without a criminal conviction, claim it is an essential crime-fighting tool, particularly…
Code Enforcement | Fines and Fees | Private Property
Are Municipal Fines and Fees Tools of Stategraft?
Most, if not all, incorporated communities in the United States have municipal and traffic codes that delineate the powers and duties of local governments or provide rules and regulations for public activity in the community.
4th Amendment Project | Open Fields Doctrine
Good Fences? Good Luck
Released in the Cato Institute’s Regulation magazine, IJ’s study “Good Fences? Good Luck” is the first study to put a number on the amount of private property vulnerable to warrantless searches by federal agents thanks to a…
Immunity and Accountability
Unaccountable
The largest ever study of qualified immunity cases, Unaccountable finds the doctrine shields a wider array of officials and conduct than commonly thought while unacceptably burdening victims of government abuse and failing at its goals.
Food Freedom
New Data Show Homemade Food for Sale is Incredibly Safe
Is buying homemade food safe? New data from the Institute for Justice (IJ) show the answer to that question is a resounding “yes.” IJ contacted the seven states with the broadest homemade food laws (California,…
Economic Liberty | Health
Striving for Better Care
A certificate of need (CON) is a government mandated permission slip that a provider must get before opening a healthcare facility or adding new services. CON laws began as an experiment to reduce government expenditures…
Economic Liberty | Occupational Licensing
License to Work 3
This third edition of IJ’s landmark License to Work report finds that for lower-income Americans, licensing continues to be widespread, burdensome and—frequently—irrational. It also provides a blueprint for meaningful licensing reform.
Economic Liberty | Occupational Licensing
Raising Barriers, Not Quality
This study tests claims that occupational licenses make consumers better off by screening out workers likely to provide inferior service. Comparing Yelp ratings for service providers in neighboring states with different licensing regimes, this study…
Immunity and Accountability
Constitutional GPA
Constitutional rights only exist if they can be enforced. But a confusing patchwork of immunity doctrines and special rules often means they cannot be. Chief among the doctrines that prevent constitutional accountability is qualified immunity,…
Immunity and Accountability
Unqualified Immunity and the Betrayal of Butz v. Economou: How the Supreme Court Quietly Granted Federal Officials Absolute Immunity for Constitutional Violations
Betraying the long history of federal accountability in the United States, the modern Supreme Court has ushered in an era of increasingly absolute and unqualified immunity for federal officials.
Economic Liberty | Food Freedom
Baking Bad: Legal Barriers for Starting a Business Selling Homemade Food
This nationwide survey provides the most up-to-date account of state laws that allow the sale of homemade food and will be regularly updated whenever a state changes its laws.
Economic Liberty | Occupational Licensing
Too Many Licenses
In recent decades, states have enacted occupational licensing laws covering a growing number of jobs, and now more American workers than ever must get a license to work. But do we need these new licenses?…
Economic Liberty | Vending
Food Truck Truth: Why Restaurants—and Cities—Have Nothing to Fear from Mobile Food Businesses
Learn more about our vending work. The Institute for Justice challenges anti-competitive laws that harm street vendors by unconstitutionally restricting their right to earn an honest living. LEARN MORE…
Economic Liberty
Barriers to Business
Too often entrepreneurs struggle with local regulatory burdens, finding themselves trapped by high fees, long wait times, and complex paperwork.
Economic Liberty | Private Property
Entrepreneur From Home: How Home-Based Businesses Provide Flexibility and Opportunity—and How Cities Can Get Out of Their Way
Immunity and Accountability
50 Shades of Government Immunity
Americans Deserve Their Day in Court: New study ranks states on access to justice and government accountability…
Immunity and Accountability
Recalibrating Qualified Immunity: How Tanzin v. Tanvir, Taylor v. Riojas, and McCoy v. Alamu Signal the Supreme Court’s Discomfort with the Doctrine of Qualified Immunity
Recent decisions by the Supreme Court offer the strongest signal in decades that the Court is ready to recalibrate its qualified immunity jurisprudence.
Civil Forfeiture | Private Property
Frustrating, Corrupt, Unfair
Victims of civil forfeiture call it frustrating, corrupt and unfair. This first-of-its-kind survey describes the experiences of victims of one civil forfeiture program, Philadelphia’s.
Cosmetology | Economic Liberty | Occupational Licensing
Beauty School Debt and Drop-Outs
Cosmetology is one of the most widely and onerously regulated occupations for lower-income workers, yet little research has explored the experiences of aspiring beauty workers. This first-of-its-kind study takes advantage of federal educational…
Cosmetology | Economic Liberty | Occupational Licensing
Beauty School Debt and Drop-Outs
A January 2021 executive order requires Utah executive agencies to identify occupational regulations that are no longer necessary or can be reined in to reduce barriers to entry. One regulation that should be on the table is cosmetology…
Blueprint for Business
Starting a business in DC is expensive, confusing, and time-consuming; and many entrepreneurs find it difficult or impossible to turn their business dreams into a reality. The current regulatory process is so complex that it…
Code Enforcement | Fines and Fees | Private Property
A Case Study of Municipal Taxation by Citation
This study examines taxation by citation—local governments using code enforcement and the justice system to raise revenue rather than solely to advance public health and safety. It does so through a detailed case study of…
Educational Choice
The Status of Use-Based Exclusions & Educational Choice After Espinoza
In this article, Michael Bindas discusses the U.S. Supreme Court’s decision in Espinoza v. Montana Department for Revenue, in which the Court held that states cannot bar families participating in educational choice programs from choosing…
Educational Choice
12 Myths and Realities About Private Educational Choice Programs
Educational choice programs—defined broadly as programs that provide parents with financial aid to help their children opt out of the traditional public school system—are a hallmark of meaningful educational reform. Yet despite widespread news coverage…
Civil Forfeiture | Private Property
Does Forfeiture Work?
Forfeiture is a controversial tool police and prosecutors use to take and keep people’s cash, cars and even homes under the guise of fighting crime. This study is the first to look at whether state…
Civil Forfeiture | Private Property
A New Panel Dataset for Studies Using Substate Units of Analysis and Indicators of Drug Activity
This research note reports on the creation of a new panel dataset using multiple waves of substate estimates from the National Survey on Drug Use and Health. It also provides identifying information that contains state,…
Civil Forfeiture | Private Property
Policing for Profit
Nationwide, civil forfeiture is a massive threat to property and due process rights. So finds the third edition of Policing for Profit: The Abuse of Civil Asset Forfeiture. The report presents the largest ever collection…