Legal Issues

It is today routinely believed that under the Citi­zenship Clause of the Fourteenth Amendment, mere birth on U.S. soil is sufficient to obtain U.S. citizen­ship. However strong this commonly believed inter­pretation might appear, it is incompatible not only with the text of the Citizenship Clause (particularly as informed by the debate… Read more

Executive Summary The Federal Bureau of Investigation reported in 2006 that violent crime incidents increased by 1.3 percent and property crime incidents decreased by 2.9 percent from 2005 to 2006.[1] The small increase in violent crime needs to be interpreted with caution because the figure does not adjust for… Read more

Abstract: This November, California voters will consider a ballot initiative, the Regulate, Control and Tax Cannabis Act of 2010. Scientific research is clear that marijuana is addictive and that its use significantly impairs bodily and mental functions. Even… Read more

Abstract: The Obama Administration and its allies in Congress want to eliminate the deductibility of punitive damages as a business expense. Such a move would increase the damages paid by businesses in lawsuits¾a brilliant scheme sure to boost the stagnant economy. In fact, increased… Read more

In recent years, there has been renewed interest in the proper use and possible abuse of executive orders and other presidential directives. Many citizens and lawmakers expressed concern over the content and scope of several of President Bill Clinton's executive orders and land proclamations. Congress responded with hearings and the consideration of several bills designed to… Read more

Abstract: Are maple syrup felons sufficiently heinous that they should be imprisoned for perhaps as long as 45 years? Some members of the U.S. Senate seem to believe the answer is yes: How else to explain the provisions of the Maple Agriculture Protection and… Read more

Abstract: The past 75 years in America have witnessed an avalanche of new criminal laws, the result of which is a problem known as “overcriminalization.” This phenomenon is likely to lead to a variety of problems for a public trying to comply with the law in good faith. While many… Read more

Federal law prohibits state colleges and universities from providing in-state tuition rates to illegal aliens “on the basis of residence within the State”—unless the same in-state rates are offered to all citizens of the United States. Today, 12 states are circumventing this federal law,… Read more

Abstract: The National Popular Vote (NPV) plan is the latest in a long line of schemes designed to replace the Electoral College. Imbued with the ideals of this nation’s Founders, the Electoral College has proved itself to be… Read more

The 2011-2012 Term of the Supreme Court was most unusual in addressing numerous civil justice and tort related issues. In keeping with the Heritage Foundation’s Scholars & Scribes event format of seven minutes, I will very briefly analyze the top seven cases. Apart from being brief, my approach utilizes almost… Read more

Abstract: Citizens Without Proof, a report on voter identification requirements produced by the Brennan Center at New York University’s School of Law, is both dubious in its methodology and results and suspect in its sweeping conclusions. By eschewing many of the traditional scientific methods… Read more

Abstract: The MOVE Act, like previous voting rights laws, was supposed to help military members exercise their right to vote. The MOVE Act, however, cannot succeed in delivering on its promise until it is fully implemented and enforced. President Obama has a clear opportunity… Read more

Abstract: Voter fraud may be a part of America’s history, but it does not have to be a part of America’s future. Six states—Georgia, Indiana, Texas, Rhode Island, South Carolina, and Kansas—have recently adopted laws requiring voters to produce a photograph identification card (voter… Read more