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Rule of Law

Our Research & Offerings on Rule of Law
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  • Blog Posts
  • Issue Brief posted May 22, 2012 by Andrew Grossman Dismissing Padilla v. Yoo: A Glass Half Empty?

    The Ninth Circuit correctly dismissed Jose Padilla’s lawsuit against John Yoo, the former Department of Justice official who provided key analysis of legal questions arising from the war on terrorism. But being the traditionally liberal and oft-reversed Ninth Circuit, the court could not leave well enough alone and issued an…

  • Issue Brief posted May 10, 2012 by Paul Larkin The FOCUS Act Hearing: Unpersuasive Criticisms and Tacit Admissions

    Thankfully, the law sometimes reflects common sense. Here’s an example: Innocent people ordinarily do not remain silent when accused of having committed a crime or some other misconduct. As the result, it is reasonable to infer that such an accusation is true if a person does not deny it. In…

  • Legal Memorandum posted May 8, 2012 by Paul Larkin The FOCUS Act and Environmentalism

    Abstract: With regard to the Lacey Act, The Heritage Foundation and the Union of Concerned Scientists (UCS) can agree on one point: The act should be enforced through the civil justice system or the administrative process. In a recent paper, however, the UCS has…

  • Issue Brief posted May 7, 2012 by Paul Larkin The FOCUS Act and Federal Law Enforcement

    An article by Jon Adler at the Police: The Law Enforcement Magazine Website,[1] written on behalf of the Federal Law Enforcement Officers Association (FLEOA), is quite critical of the recently introduced Freedom from Over-Criminalization and Unjust Seizures (FOCUS) Act of 2012. The thrust of the article is that…

  • Issue Brief on May 7, 2012 The Lacey Act: From Conservation to Criminalization

    How did a law originally enacted to target poaching of migratory birds evolve to authorize an armed raid of a guitar factory in search of wooden veneers imported without the proper paperwork? The Lacey Act was the first federal wildlife conservation statute, narrowly targeted at the interstate sale in poached…

  • Play Movie Heritage Event on AZ Immigration Law on KPNX Video Recorded on April 23, 2012 Heritage Event on AZ Immigration Law on KPNX

    The Heritage Event on AZ's immigration law is reported on KPNX (Phoenix, AZ). …

  • Play Movie Robert Alt on Fracking on YNN Video Recorded on April 11, 2012 Robert Alt on Fracking on YNN

    Robert Alt discussed the legal issues regarding fracking on Your News Now. …

  • Play Movie Cully Stimson on 9-11 Terrorist Trials on Fox News Video Recorded on April 5, 2012 Cully Stimson on 9-11 Terrorist Trials on Fox News

    Cully Stimson discusses Khalid Sheikh Mohammed's trial for his involvment with the 9-11 terrorist attacks on 'America's Newsroom' on Fox News. …

  • Play Movie Ernest Istook on the Obamacare Hearings on WJLA Video Recorded on March 30, 2012 Ernest Istook on the Obamacare Hearings on WJLA

    Ernest Istook discusses the Obamacare Hearings before the Supreme Court on WJLA. …

  • Backgrounder posted March 29, 2012 by David Muhlhausen, Ph.D., Christina Villegas Violence Against Women Act: Reauthorization Fundamentally Flawed

    Abstract: Despite the fact that each state has statutes that punish domestic violence, the federal government intervened in 1994 with the Violence Against Women Act (VAWA). The Senate is now expected to consider the newest reauthorization of the act—S. 1925—which includes radical changes that…

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Find more work on Rule of Law
  • Issue Brief posted May 22, 2012 by Andrew Grossman Dismissing Padilla v. Yoo: A Glass Half Empty?

    The Ninth Circuit correctly dismissed Jose Padilla’s lawsuit against John Yoo, the former Department of Justice official who provided key analysis of legal questions arising from the war on terrorism. But being the traditionally liberal and oft-reversed Ninth Circuit, the court could not leave well enough alone and issued an…

  • Backgrounder posted March 22, 2012 by Robert Alt, Edmund Haislmaier The Obamacare Challenge: The Questions Before the Supreme Court and Their Portents for Congress

    Abstract: Next week, the Supreme Court will hear challenges to Obamacare (the Patient Protection and Affordable Care Act) centered on the constitutionality of the legislation’s individual mandate and Medicaid expansion. From a legal perspective, the Court’s decision will…

  • Legal Memorandum posted March 19, 2012 by Nathaniel Stewart Brief Observations: A Review of Obamacare Briefs and the Original Meaning of the Constitution

    Abstract: The heart of the Patient Protection and Affordable Care Act, popularly known as “Obamacare,” is an unprecedented mandate that individuals purchase health insurance. The briefs of the parties challenging Obamacare and their supporting amici…

  • Legal Memorandum posted March 1, 2012 by Gerard V. Bradley Retribution and Overcriminalization

    Abstract: From the ever-expanding number of federal criminal laws to prison sentences that are too numerous or too long, there are many promising bases for criticizing overcriminalization. One such basis, however, has yet to be fully considered: the fact that too many criminal offenses today are malum prohibitumoffenses—that is, they…

  • Backgrounder posted March 29, 2012 by David Muhlhausen, Ph.D., Christina Villegas Violence Against Women Act: Reauthorization Fundamentally Flawed

    Abstract: Despite the fact that each state has statutes that punish domestic violence, the federal government intervened in 1994 with the Violence Against Women Act (VAWA). The Senate is now expected to consider the newest reauthorization of the act—S. 1925—which includes radical changes that…

  • Factsheet on February 8, 2012 Nullification: Unlawful and Unconstitutional

    Nullification Is Unconstitutional The Nullification Temptation: In order to challenge the federal government’s unconstitutional actions, states…

  • Issue Brief on May 7, 2012 The Lacey Act: From Conservation to Criminalization

    How did a law originally enacted to target poaching of migratory birds evolve to authorize an armed raid of a guitar factory in search of wooden veneers imported without the proper paperwork? The Lacey Act was the first federal wildlife conservation statute, narrowly targeted at the interstate sale in poached…

  • Backgrounder posted May 24, 1988 by Dana Joel A Guide to Prison Privatization

    INTRODUCTION America has been getting tougher on lawbreakers. This is something that the public long has been demanding. The problem it creates, however, is a shortage of prison capacity to hold the increased numbers of convicted criminals. This has led to: prison overcrowding, sometimes prompting court actions against penal systems; rapidly rising operational outlays;…

  • Legal Memorandum posted May 8, 2012 by Paul Larkin The FOCUS Act and Environmentalism

    Abstract: With regard to the Lacey Act, The Heritage Foundation and the Union of Concerned Scientists (UCS) can agree on one point: The act should be enforced through the civil justice system or the administrative process. In a recent paper, however, the UCS has…

  • Testimony posted March 14, 2012 by Paul Rosenzweig Cybersecurity Information Sharing and the Freedom of Information Act

    Statement before the Committee on the Judiciary United States Senate Introduction Chairman Leahy, Ranking Member Grassley, and Members of the Committee, I thank you…

Find more work on Rule of Law
  • Issue Brief posted May 22, 2012 by Andrew Grossman Dismissing Padilla v. Yoo: A Glass Half Empty?

    The Ninth Circuit correctly dismissed Jose Padilla’s lawsuit against John Yoo, the former Department of Justice official who provided key analysis of legal questions arising from the war on terrorism. But being the traditionally liberal and oft-reversed Ninth Circuit, the court could not leave well enough alone and issued an…

  • Issue Brief posted May 10, 2012 by Paul Larkin The FOCUS Act Hearing: Unpersuasive Criticisms and Tacit Admissions

    Thankfully, the law sometimes reflects common sense. Here’s an example: Innocent people ordinarily do not remain silent when accused of having committed a crime or some other misconduct. As the result, it is reasonable to infer that such an accusation is true if a person does not deny it. In…

  • Legal Memorandum posted May 8, 2012 by Paul Larkin The FOCUS Act and Environmentalism

    Abstract: With regard to the Lacey Act, The Heritage Foundation and the Union of Concerned Scientists (UCS) can agree on one point: The act should be enforced through the civil justice system or the administrative process. In a recent paper, however, the UCS has…

  • Issue Brief posted May 7, 2012 by Paul Larkin The FOCUS Act and Federal Law Enforcement

    An article by Jon Adler at the Police: The Law Enforcement Magazine Website,[1] written on behalf of the Federal Law Enforcement Officers Association (FLEOA), is quite critical of the recently introduced Freedom from Over-Criminalization and Unjust Seizures (FOCUS) Act of 2012. The thrust of the article is that…

  • Issue Brief on May 7, 2012 The Lacey Act: From Conservation to Criminalization

    How did a law originally enacted to target poaching of migratory birds evolve to authorize an armed raid of a guitar factory in search of wooden veneers imported without the proper paperwork? The Lacey Act was the first federal wildlife conservation statute, narrowly targeted at the interstate sale in poached…

  • Backgrounder posted March 29, 2012 by David Muhlhausen, Ph.D., Christina Villegas Violence Against Women Act: Reauthorization Fundamentally Flawed

    Abstract: Despite the fact that each state has statutes that punish domestic violence, the federal government intervened in 1994 with the Violence Against Women Act (VAWA). The Senate is now expected to consider the newest reauthorization of the act—S. 1925—which includes radical changes that…

  • Backgrounder posted March 22, 2012 by Robert Alt, Edmund Haislmaier The Obamacare Challenge: The Questions Before the Supreme Court and Their Portents for Congress

    Abstract: Next week, the Supreme Court will hear challenges to Obamacare (the Patient Protection and Affordable Care Act) centered on the constitutionality of the legislation’s individual mandate and Medicaid expansion. From a legal perspective, the Court’s decision will…

  • Issue Brief posted March 20, 2012 by Charles Stimson, Elizabeth Garvey Juvenile Life Sentences: Constitutionality of Life Without Parole for Teenage Murderers

    On Tuesday, March 20, the Supreme Court hears oral argument in two cases involving the constitutionality of sentences of life without parole (LWOP) for teenage murderers. The real issue before the Court is this: Will the Court again “find” or “invent” a heretofore undiscovered constitutional prohibition and thus strike an…

  • Legal Memorandum posted March 19, 2012 by Nathaniel Stewart Brief Observations: A Review of Obamacare Briefs and the Original Meaning of the Constitution

    Abstract: The heart of the Patient Protection and Affordable Care Act, popularly known as “Obamacare,” is an unprecedented mandate that individuals purchase health insurance. The briefs of the parties challenging Obamacare and their supporting amici…

  • Legal Memorandum posted March 16, 2012 by Paul Larkin Defanging the Lacey Act: The Freedom from Over-Criminalization and Unjust Seizures Act of 2012

    Abstract: Under the Lacey Act, it is a federal offense to import fish, wildlife, or plants “in violation of any foreign law.” Such legislation violates one of the fundamental tenets of Anglo–American common law: that “men of common intelligence” must be able to understand…

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Find more work on Rule of Law
  • Blog Post on 5/4/2012 5:53:54 AM Occupy Wall Street: Finding Common Ground Might Be Possible

    This is the last of our four-part series on Occupy Wall Street, transcribed from a recent Heritage Foundation event on...…

  • Blog Post on 4/3/2012 12:45:40 PM President Obama: An Advocate for a Restrained Judiciary?

    Yesterday in a joint press conference with the Canadian prime minister and Mexican president, President Obama expressed...…

  • Blog Post on 9/29/2011 3:14:21 AM Google Makes a Pitch for Free Market

    Google is growing up. That was the message company representatives shared at Heritage this week on the Silicon Valley...…

  • Blog Post on 9/15/2011 3:45:31 AM House Set to Rebuke NLRB for Meddling in Boeing's Expansion Plan

    The House of Representatives is poised to pass legislation today that prohibits the National Labor Relations Board from...…

  • Blog Post on 8/19/2011 1:06:22 PM Enhancing Public Safety By Giving Criminals a Pass

    Just imagine if a President announced that his administration would not be prosecuting anyone for violating the...…

  • Blog Post on 8/1/2011 7:00:26 AM Moscow’s Sanctions Tit-for-Tat Threatens to Kill the “Reset”

    This week the State Department has placed some 64 Russian officials on a visa blacklist that would prevent them from...…

  • Blog Post on 7/5/2011 10:22:35 AM Russia’s Blacklist Bill Targets America

    A bill introduced in the Russian Duma last Tuesday would allow the Foreign Ministry to blacklist foreigners believed to...…

  • Blog Post on 2/2/2011 9:06:22 AM Will President Obama Abide by Court's Decision and Suspend Obamacare?

    This week, Judge Roger Vinson of the United States District Court for the Northern District of Florida became the...…

  • Blog Post on 9/27/2010 10:00:49 AM More of the Same: Millennium Development Review Summit Focuses on Increasing Aid and "Empowering" Women

    Heads of state and global leaders gathered at the U.N. this week to bemoan a lack of progress on meeting many of the...…

  • Blog Post on 7/28/2010 1:12:23 PM On Arizona and Immigration: Judge Ignores Rule of Law

    As everyone knows, Arizona, chafed by the Federal government’s inability to control the flow of illegal immigrants into...…

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Find more work on Rule of Law
Other Topics Related to Rule of Law
  • Civil Justice Reform
  • Crime
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Experts on Rule of Law
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  • Backgrounder posted May 24, 2012 by Walter Lohman, Robert Warshaw U.S. Policy on Asia: A New Diplomatic Framework Needed
  • Special Report posted June 1, 2010 by Brian Riedl Federal Spending Trends and Federal Budget Trends
  • Backgrounder posted September 13, 2011 by Robert Rector, Rachel Sheffield Understanding Poverty in the United States: Poverty USA
  • Backgrounder posted March 1, 2006 by Tim Kane, Ph.D., Kirk Johnson, Ph.D. The Real Problem with Immigration... and the Real Solution
  • Issue Brief posted May 22, 2012 by Baker Spring Centralizing Management of the Military Health System
  • Backgrounder posted June 1, 2004 by Arthur Laffer The Laffer Curve: Past, Present, and Future
  • Backgrounder posted March 15, 2005 by Daniel Mitchell, Ph.D. The Impact of Government Spending on Economic Growth
  • WebMemo posted April 2, 2004 by Carrie Donovan The Law of the Sea Treaty
  • Issue Brief posted May 23, 2012 by James Sherk Extend Whistle-Blower Protections to Union Employees
  • Backgrounder posted January 5, 2004 by Robert Rector, Kirk Johnson, Ph.D. Understanding Poverty in America
  • Blog Post on Saturday, May 26, 2012 Liberals Plan Propaganda Campaign to Sway Media After Obamacare Ruling
  • Blog Post on Friday, May 25, 2012 Top Five Ways Obamacare Crushes the Middle Class
  • Blog Post on Friday, May 25, 2012 Progressives: Caught in Their Own 'Living Document' Trap
  • Blog Post on Friday, May 25, 2012 The New Math of Renewable Energy: $50 = $100
  • Blog Post on Friday, May 25, 2012 Missile Defense: Problems with an Assurance to Russia
  • Blog Post on Friday, May 25, 2012 Release of Sri Lankan War Hero a Victory; Keep up the Pressure
  • Blog Post on Friday, May 25, 2012 Influx of Islamist Terrorists Boosts Concerns over Syria's Chemical Weapons
  • Blog Post on Friday, May 25, 2012 Morning Bell: Believe it. Obama's A Big Spender.
  • Blog Post on Friday, May 25, 2012 Constitutional Countdown
  • Blog Post on Thursday, May 24, 2012 VIDEO: Senator Tom Coburn on the "Debt Bomb"
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  • May 31
    Event on Thursday, May 31, 2012 The Common Defense: What It Means to Conservatives

    The Preamble of the Constitution gives paramount importance to the federal government to “provide for the common defense.” Yet, there is a growing misconception that — Read more

    Attend in Person Watch Online

  • May 31
    Event on Thursday, May 31, 2012 Castro's Secrets: The CIA and Cuba's Intelligence Machine

    Co-sponsored by — Read more

    Attend in Person Watch Online

  • May 31
    Event on Thursday, May 31, 2012 Understanding the Smith-Mundt Modernization Act

    Controversy has swirled around the Smith-Mundt Modernization Act since it passed mark-up as an amendment to the House version of the National Defense Authorization Act — Read more

    Attend in Person Watch Online

  • Jun 07
    Event on Thursday, June 07, 2012 Corporate Social Responsibility: Risk to American Business

    Featuring Andrew W. Markley, J.D. Chair and Professor, Department — Read more

    Attend in Person Watch Online

  • Jun 07
    Event on Thursday, June 07, 2012 Age of Delirium

    Join us for this special screening and a conversation with David Satter, author of Age of Delirium, the book — Read more

    Attend in Person Watch Online

  • Jun 12
    Event on Tuesday, June 12, 2012 ''Mr. Gorbachev, tear down this wall!''

    On June 12, 1987, President Ronald Reagan delivered remarks at the Brandenburg Gate in West Berlin – a city — Read more

    Attend in Person Watch Online

  • Jun 13
    Event on Wednesday, June 13, 2012 The 10th Anniversary of the Anti-Ballistic Missile Treaty Withdrawal

    The Anti-Ballistic Missile Treaty of 1972 prohibited the United States and the Soviet Union from testing or deploying national missile defense systems. Three months after — Read more

    Attend in Person Watch Online

  • Jun 15
    Event on Friday, June 15, 2012 Political Woman: The Big Little Life of Jeane Kirkpatrick

    Jeane Kirkpatrick became an iconic figure in the 1980s as Ronald Reagan’s United Nations Ambassador and the most forceful — Read more

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  • Jun 19
    Event on Tuesday, June 19, 2012 Lost Causes: The Retreat from Classical Liberalism

    For most of his professional career as a pre-eminent development economist teaching at Oxford and University College, Deepak Lal — Read more

    Attend in Person Watch Online

  • Jun 19
    Event on Tuesday, June 19, 2012 Dropping the Torch: Jimmy Carter, the Olympic Boycott, and the Cold War

    In Dropping the Torch: Jimmy Carter, the Olympic Boycott, and the Cold War, Nicholas Sarantakes offers a diplomatic history — Read more

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  • Blog Post on 5/26/2012 5:06:08 AM Liberals Plan Propaganda Campaign to Sway Media After Obamacare Ruling
  • Blog Post on 5/25/2012 11:00:15 AM Top Five Ways Obamacare Crushes the Middle Class
  • Blog Post on 5/25/2012 10:00:52 AM Progressives: Caught in Their Own 'Living Document' Trap
  • Blog Post on 5/25/2012 9:30:24 AM The New Math of Renewable Energy: $50 = $100
  • Blog Post on 5/25/2012 9:00:58 AM Missile Defense: Problems with an Assurance to Russia
  • Blog Post on 5/25/2012 8:30:08 AM Release of Sri Lankan War Hero a Victory; Keep up the Pressure
  • Blog Post on 5/25/2012 7:41:14 AM Influx of Islamist Terrorists Boosts Concerns over Syria's Chemical Weapons
  • Blog Post on 5/25/2012 4:48:12 AM Morning Bell: Believe it. Obama's A Big Spender.
  • Blog Post on 5/25/2012 4:00:14 AM Constitutional Countdown
  • Blog Post on 5/24/2012 10:57:47 PM VIDEO: Senator Tom Coburn on the "Debt Bomb"
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