Legal and Policy Studies
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…
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
Barriers to Business
Too often entrepreneurs struggle with local regulatory burdens, finding themselves trapped by high fees, long wait times, and complex paperwork.
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…
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…
Economic Liberty | Health
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…
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…
Eminent Domain | Private Property
Expropriation in Puerto Rico
In a new report (released August 6), the Institute for Justice (IJ) gives Puerto Rico’s eminent domain laws a grade of “F.” IJ is a nonprofit, civil liberties law firm dedicated to ending eminent domain…
Economic Liberty | Occupational Licensing
The Inverted Pyramid
When it comes to occupational regulation, policymakers may see their options as action or inaction: licensing or no licensing. In fact, policymakers can choose from a plethora of alternatives that provide the purported benefits of…
Educational Choice
12 Myths and Realities about Private Educational Choice Programs
Educational choice programs—defined broadly as programs that provide parents financial aid to opt their children out of the traditional public school system—have been a topic of significant public discussion and debate in recent months. Despite…
Economic Liberty
Opportunity Lost
Chicago Mayor Rahm Emanuel says his “administration is committed to creating the conditions and opportunities that will allow this industry [food trucks] to thrive, create jobs and support a vibrant food culture across…
Enforcing the Constitution
The Constitution was written to limit government power, but those limits are meaningless unless judges restrain public officials when they overstep their bounds. Judicial engagement is a cutting-edge approach to judicial review that…
Economic Liberty
Open for Business
Throughout the nation, cities and counties are looking for ways to promote economic liberty and improve the well-being of their residents But all too often this desire to improve economic conditions manifests itself in expensive…
Enforcing the Constitution
The Constitution was written to limit government power, but those limits are meaningless unless judges restrain public officials when they overstep their bounds. Judicial engagement is a cutting-edge approach to judicial review that…
Economic Liberty | Occupational Licensing
Boards Behaving Badly
In a nutshell, states should: Charge an independent “licensing ombudsman” with reviewing the actions of state licensing boards; Charge the licensing ombudsman with a mandate to promote economic competition; Make the ombudsman responsible for conducting…
Cosmetology | Economic Liberty | Food Freedom | Hair Braiding | Occupational Licensing | Transportation | Vending
Entrepreneur’s Survival Guide
You have the right to earn an honest living. This is called “economic liberty” and it is protected by the U.S. Constitution. But often, entrepreneurs face burdensome, arbitrary and anti-competitive laws that make it difficult,…
Cosmetology | Economic Liberty | Hair Braiding | Occupational Licensing
Untangling Regulations
Natural hair braiding is a beauty practice popular among many African, African-American and immigrant communities in the United States. But braiders in many states have to endure hundreds of hours of unnecessary coursework and pay…
Economic Liberty
Florida’s Dirty Dozen
Florida legislators can make Florida more business friendly by repealing 12 anticompetitive, senseless and arbitrary laws that hold back entrepreneurs.
Other
Terms of Engagement
The Constitution was designed to limit government power and protect individuals from the tyranny of majorities and interest-group politics. But those protections are meaningless without judges who are fully committed to enforcing them, and America’s…
Economic Liberty | Vending
Seven Myths and Realities about Food Trucks
Using facts and real-world examples, IJ shows that there is no basis for the argument that restaurants need government intervention to “protect” them from food trucks.
Economic Liberty | Vending
Food-Truck Freedom
In order to foster the conditions that will let food trucks thrive, this report offers recommendations based on the legislative best practices of Los Angeles and other cities.
Other
Government Unchecked
The past five decades have seen a relentless expansion in the size of government and a sharp increase in the number of liberty-stifling laws and regulations at every level. Despite this explosion of political power,…
Eminent Domain | Private Property
Five Years After Kelo
On June 23, 2005, the U.S. Supreme Court, in a 5-4 decision called Kelo v. City of New London,[1] ruled that private economic development is a public use under the Fifth Amendment…
Educational Choice
Special Needs Vouchers Aid Children and Promote Excellence
In the previous article, Dr. Corinne Harmon responds to my analysis of the Arizona Supreme Court’s decision in Cain v. Horne (Keller, 2009) that struck down two voucher programs for students with special needs—one for…
Educational Choice
Bulletproofing School Choice
This paper brings together the hard-won lessons of IJ’s experiences to help advocates and lawmakers craft effective school choice legislation likely to withstand a legal challenge.
Eminent Domain | Private Property
Little Pink House
Before there were Tea Parties, there was Kelo. Susette Kelo’s name turned into a movement. Her loss of her property was the final straw for Americans in 2005. When they heard about the Kelo decision,…
Eminent Domain | Private Property
Building Empires, Destroying Homes
New York is perhaps the worst state in the nation when it comes to eminent domain abuse. Government jurisdictions and agencies statewide have condemned or threatened to condemn homes and small businesses for the New…
Eminent Domain | Private Property
They Want to Erase Us Out
This report documents how homes, farms and small businesses across Texas have been threatened by eminent domain for private gain.
Other
The Dirty Dozen
Ever wonder how our nation changed from a country with a Constitution that limited government power to a land where the Constitution is interpreted to limit the rights of the citizenry? And what can be…