Research Reports
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…
First Amendment | Political Speech
What Does Research Say About Public Funding for Political Campaigns?
The best available evidence suggests that funding political campaigns with public dollars does little to reduce special interest influence, encourage competitive races or boost political participation.
Economic Liberty
The Power of One Entrepreneur
An African hair braider from Tupelo, Miss., Melony Armstrong successfully challenged an anti-competitive licensing law in her state and has grown into an inspiring economic force who brings hope and opportunity to her community.
Economic Liberty
The Power of One Entrepreneur
Seattle-area bagel businessman Dennis Ballen’s thriving enterprise was almost driven out of business by a local law that barred him from advertising his business. He joined with IJ to fight for his First Amendment rights…
Economic Liberty
The Power of One Entrepreneur
New York City commuter van owner Hector Ricketts battled the politically powerful and heavily subsidized public buses for years. Despite overwhelming odds against him, Hector continues to grow his “dollar van” business.
Economic Liberty
The Power of One Entrepreneur
High-tech Dallas entrepreneur Thane Hayhurst helps businesses across Texas keep their computers running at peak efficiency, but he was threatened to be put out of business under a law that effectively requires anyone who conducts…
Economic Liberty
The Power of One Entrepreneur
Funeral home and cemetery owner Kim Powers Bridges battled bureaucrats in her home state of Oklahoma where she wanted to sell caskets online. Unsuccessful in that fight, she grew a brick-and-mortar business in Tennessee and…
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…
First Amendment | Political Speech
Mowing Down the Grassroots
Grassroots lobbying—encouraging citizens to contact public officials in order to affect public policy—is quintessential representative democracy in action. However, as this report documents, sweeping lobbying laws in 36 states threaten to strangle grassroots movements in…
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”…
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.
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…
Economic Liberty | Occupational Licensing
Blooming Nonsense
For more than a decade, Monique Chauvin has owned and operated one of the most popular and recognized floral shops in all of New Orleans. Her work is regularly featured in magazines, and her store…
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,…
Civil Forfeiture | Private Property
Policing for Profit: First Edition
Policing for Profit, 1st Edition Published in 2010, this is an older edition of IJ’s landmark Policing for Profit report. You can download the report here, but please see the third and current edition for the most up-to-date…
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…
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…
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,…
Eminent Domain | Private Property
Empire State Eminent Domain
An analysis of the populations living in areas of New York City under threat of condemnation for private development finds that such eminent domain abuse disproportionately targets those who are less well-off and less educated,…
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…
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…
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…
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…
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
Testing O’Connor and Thomas: Does eminent domain target poor and minority communities?
In dissenting from the US Supreme Court’s 2005 Kelo decision upholding the use of eminent domain for private-to-private transfers of property, Justices O’Connor and Thomas asserted, based on the history of urban renewal, that eminent domain for…
Economic Liberty
Bureaucratic Barbed Wire
Texas has a unique heritage of inspiring entrepreneurs. But the state has been restricting the economic liberty long enjoyed by its citizens.
First Amendment | Political Speech
Locking Up Political Speech
Americans were once free to speak about politics without asking permission from the government or being forced to document their political activities for the authorities. But under the guise of “campaign finance reform,” government regulation…
Economic Liberty
Regulatory Field
Want to create a job in Chicago? It is not that easy. Especially in such tough economic times, people may be shocked to discover the lengths to which the city of Chicago and the state…