Scholarly Articles

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…

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…

Economic Liberty | Occupational Licensing

The Continuing Burden of Occupational Licensing in the United States

This study follows up an earlier study in which we examined the scope and burden of 102 occupational licensing laws in the United States for low‐ and moderate‐income occupations. Using data collected in 2017, findings…

Economic Liberty | Occupational Licensing

You’ll Need a License for That Job

In 2013, Heather Kokesch Del Castillo found herself in an unfulfilling career and began to question whether she was following her true passion. At the same time, she was growing increasingly dissatisfied with her physical…

Civil Forfeiture | Private Property

The Questionable Ethics of Civil Forfeiture

On a cool, sunny November day, Mark Brewer – a disabled decorated U.S. Air Force veteran – was driving through the state of Nebraska on his way to Los Angles to visit his uncle. While…

Educational Choice

Federal Special Education Law and State School Choice Programs

In this article, Nat Malkus and Tim Keller outline the federal laws that protect students with disabilities, give an overview of school choice programs, and explain how participating in school choice programs affects the rights…

Occupations: A Hierarchy of Regulatory Options

Economic Liberty | Occupational Licensing

Occupations: A Hierarchy of Regulatory Options

Momentum is growing in favor of reining in excessive occupational licensing. However, policymaking in this arena is too often plagued by assumptions that the only regulatory options are no licensing or full licensing. Such binary…

Occupational Speech and the First Amendment

First Amendment | Occupational Speech | Tour Guides

Occupational Speech and the First Amendment

In May 2013, newspaper columnist John Rosemond received a cease-and-desist letter from the Kentucky Board of Examiners of Psychology informing him that his syndicated column — in which he answers readers’ questions about parenting —…

Regulating work

This study examines the scope and burden of occupational licensing laws in the United States for 102 low- and moderate-income occupations. Findings indicate that the licences studied require of aspiring workers, on average, $US209 in…

When legal is not ethical

Civil forfeiture laws in the United States facilitate, indeed encourage, unethical behavior on the part of law enforcement officials. Civil forfeiture is a mechanism by which law enforcement agencies can seize property merely with a…

The Balance Between Public Protection and the Right to Earn a Living

Economic Liberty

The Balance Between Public Protection and the Right to Earn a Living

One of the significant challenges facing licensing professionals is striking the most effective, efficient and just balance between regulation of occupations and preserving occupational practice free from unnecessary government restrictions. As discussed in greater detail…

Economic Liberty | Occupational Licensing

Who’s Misleading Whom? Defining Titles in Occupations ‘On the Make’

Can occupational titles mislead the public? Should the use of titles be regulated to protect against such a possibility? Traditionally, occupational regulation is conceptualized as a restriction on the practice of an occupation through licensure,…

Eminent Domain | Private Property

Do restrictions on eminent domain harm economic development?

After the U.S. Supreme Court upheld in the Kelo decision the use of eminent domain for private-to-private transfer of property for economic development, public outrage was followed by attempts to restrict such use of eminent domain. Opponents…

The Florida Supreme Court vs. School Choice

Educational Choice

The Florida Supreme Court vs. School Choice

School choice is the civil rights issue of the twenty-first century. In the Information Age, knowledge is not just power—it is destiny. As a result, no issue more fundamentally divides the “haves” and the “have-nots”…

The Regulation of Grassroots Lobbying

First Amendment

The Regulation of Grassroots Lobbying

President Obama’s domestic policies have generated opposition among many in the general public and mobilized previously uninvolved citizens. This opposition has manifested itself in public rallies, “tea party” protests, and spirited feedback at town hall…

Other

Getting Beyond Guns

The Fourteenth Amendment represents a deliberate decision by the people of this nation to make the U.S. Constitution—not state constitutions and not state officials— the primary guardian of liberty in America. The purpose of the…

Other

The Right to Keep and Bear Arms in the States

District of Columbia v. Heller was an easy case to get right. First, there was the text of the Second Amendment, which plainly states that “the right of the people to keep and bear Arms,…

School Choice and the Law

Educational Choice

School Choice and the Law

In 2009, the Journal of School Choice presented a special issue on school choice and the law, guest edited by Institute for Justice Director of Strategic Research Dick Carpenter. In this introduction, Carpenter explains that…

The National Implications of Cain v. Horne

Educational Choice

The National Implications of Cain v. Horne

This commentary addresses the Arizona Supreme Court’s legal reasoning in Cain v. Horne, which struck down two voucher programs for special needs children pursuant to one of Arizona’s Blaine Amendments and explains that the court…

School Choice and State Constitutions’ Religion Clauses

Educational Choice

School Choice and State Constitutions’ Religion Clauses

After the U.S. Supreme Court’s decision in Zelman v. SimmonsHarris, only state religion clauses represent a potential constitutional bar to the inclusion of religious options in properly designed school choice programs. The two most significant…

Attack Ballot Issue Disclosure Root and Branch

First Amendment

Attack Ballot Issue Disclosure Root and Branch

For years, the lower federal and many state courts have given short shrift to the First Amendment rights of those who wish to contribute money to groups that advocate the passage or defeat of ballot…