Research Reports
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,…
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?…
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 | Food Freedom
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…
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
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…
Other Property Rights Abuses | 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
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…
Conning the Competition
A Certificate Of Need (CON) is a government-mandated permission slip to start or expand a business. Think of a CON like an expensive admission ticket to access an exclusive club. You can be sure that…
Civil Forfeiture | Private Property
Jetway Robbery?
Law enforcement agencies routinely seize currency from travelers at airports nationwide using civil forfeiture—a legal process that allows agencies to take and keep property without ever charging owners with a crime, let alone securing a…
Educational Choice
A Guide to Designing Educational Choice Programs
Over the course of the last few decades, the law has gradually changed to recognize the constitutionality of educational choice programs and that its beneficiaries are students, not schools. The most recent development is Espinoza…
Economic Liberty | Occupational Licensing
Barred From Working
Earning an honest living is one of the best ways to prevent re-offending. But strict occupational licensing requirements make it harder for ex-offenders to find work, thwarting their chances of successful reentry.
Fines and Fees | Private Property
Municipal Fines and Fees
Cities and towns nationwide use their power to enforce traffic, property code and other ordinances to raise revenue rather than solely to protect the public. And, as this report finds, a wide range of state…
Economic Liberty | Hair Braiding
Barriers to Braiding: Illinois Analysis
This report supplements our 2016 study Barriers to Braiding: How Job-Killing Licensing Laws Tangle Natural Hair Care in Needless Red Tape. That study investigated whether (1) braiding licenses keep people out of work…
Other Property Rights Abuses | Private Property
The Price of Taxation by Citation
Taxation by citation is when local governments use their power to enforce traffic and other ordinances to raise revenue rather than solely to protect the public. This report explores the phenomenon via case studies of…
Commercial Speech | Economic Liberty | First Amendment | Food Freedom | Food Freedom
Censorship and Sensibility: Does the First Amendment Allow the FDA to Change the Meanings of Words?
The question of whether the Constitution allows the government to change the meanings of words is receiving renewed interest in the aftermath of the FDA’s announcement that it intends to examine whether it should begin…
Civil Forfeiture | Private Property
Fighting Crime or Raising Revenue?
Forfeiture is a controversial tool governments use to take and keep property often without charging or convicting anyone with a crime. Police typically get a portion of the proceeds. Proponents argue forfeiture helps police fight…
Economic Liberty | Food Freedom
The relationship between cottage food laws and business outcomes
The increasing popularity of cottage foods in the United States requires that state laws regulating the industry be given careful consideration. However, little is known about cottage food producers or their businesses. This article discusses…
Civil Forfeiture | Private Property
Civil Forfeiture Hurts America’s Poor
In 2014, Tyson Timbs sold $400 worth of drugs to undercover police in an effort to support his addiction. Tyson, a first-time offender, was sentenced to one year of house arrest and five years of…
Civil Forfeiture | Private Property
Forfeiture in Arizona
In 2017, Arizona adopted incremental but important bipartisan reforms of the state’s civil forfeiture system. These reforms included new transparency requirements for forfeiture, obliging agencies to report the value, type and date of a property…
Civil Forfeiture | Private Property
Civil Forfeiture, Crime Fighting and Safeguards for the Innocent
In 2017, the Department of Justice revived a controversial federal forfeiture program the previous administration had sharply curtailed. In defense of these “adoptive forfeitures” or “adoptions,” as well as of civil forfeiture in general, the…