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  • Commentary posted November 25, 2014 by John Malcolm, Hans A. von Spakovsky President Barack Obama's Unilateral, and Unconstitutional, Move

    According to The Associated Press, as well as some Democratic representatives, President Barack Obama's plan to provide executive amnesty to about 5 million illegal immigrants is no different than unilateral actions by Presidents Ronald Reagan and Georgia H.W. Bush. However, this claim plays fast and loose with history. It also fails to explain the significant difference…

  • Commentary posted November 18, 2014 by Hans A. von Spakovsky How Closely Do Loretta Lynch’s Views Line Up with Holder’s?

    In nominating Loretta Lynch, the U.S. attorney for the Eastern District of New York, to replace Attorney General Eric Holder, President Obama bypassed a very controversial possible replacement Washington was talking about: Department of Labor Secretary Tom Perez. But the president’s hopes for a smoother confirmation may be premature. Perez has indeed been criticized by…

  • Issue Brief posted November 17, 2014 by Jordan Richardson Civil Asset Forfeiture Reform Goes Mainstream

    Civil asset forfeiture enables law enforcement agencies to seize money and property that they suspect is being used to commit a crime or represents profits from criminal activity. Law enforcement agencies do not need to convict or even charge the property owner to make these seizures. Civil asset forfeiture was intended to be used as a tool to combat organized crime, but…

  • Issue Brief posted November 13, 2014 by Hans A. von Spakovsky The Dangers of Lame Duck Sessions in Congress—Unfair and Undemocratic

    An awful lot of people are confused as to just what is meant by a lame duck Congress. It’s like where some fellows worked for you and their work wasn’t satisfactory and you let’em out, but after you fired ‘em, you let ‘em stay long enough so they could burn your house down.[1] —Will Rogers When Congress comes back into session after the November election and before a new…

  • Commentary posted November 13, 2014 by Alden Abbott Abuse of Dominance by Patentees: A Pro-Innovation Perspective

    Antitrust issues (referred to interchangeably here as competition issues) are an increasingly important consideration for intellectual property (IP) owners. Such issues can arise in numerous transactions involving IP rights, including from refusals to license, exclusive licenses, royalty provisions, field of use restrictions, territorial and customer limitations,…

  • Commentary posted November 10, 2014 by Hans A. von Spakovsky Four Lessons from the 2014 Election

    Many pundits and campaign consultants are no doubt analyzing the election results across the country to try to decipher what lessons the Republican wave holds for candidates planning to run in 2016. But there are four easily seen lessons that both of the major political parties should take to heart: First, the manipulation of election rules and political trickery didn’t…

  • Commentary posted October 30, 2014 by Hans A. von Spakovsky An Honor Flight Welcome

    This morning offered one of those spontaneous events that renews your faith in the patriotism and good will of the American people. It also illustrated their appreciation for the servicemen and women who have risked their lives for our nation. It was in the C Terminal of Reagan National, one of three airports serving Washington, D.C. I had just passed through security…

  • Commentary posted October 30, 2014 by Hans A. von Spakovsky Here Comes the 2014 Voter Fraud

    In the past few months, a former police chief in Pennsylvania pleaded guilty to voter fraud in a town-council election. That fraud had flipped the outcome of a primary election. Former Connecticut legislator Christina Ayala has been indicted on 19 charges of voter fraud, including voting in districts where she didn’t reside. (She hasn’t entered a plea.) A Mississippi…

  • Legal Memorandum posted October 29, 2014 by Alden Abbott Time to Reform FTC Advertising Regulation

    A‌dvertising is a boon to the American economy.[1] By informing ‌large numbers of consumers about the attributes of goods and services, it helps to create broad markets for those products, generating economies of scale that lower cost and prices. Information embedded in advertising allows consumers to make better choices in the marketplace, benefiting ultimate purchasers…

  • Issue Brief posted October 27, 2014 by David Inserra, Paul Rosenzweig Continuing Federal Cyber Breaches Warn Against Cybersecurity Regulation

    Recent high-profile private-sector hacks have once again put a spotlight on the issue of cybersecurity.[1] This is a serious problem that requires legislation to improve the United States’ cybersecurity posture, but the U.S. should not reflexively adopt government regulation of cyberspace as a solution. There are concerns that such a response would not be cost-effective…

  • Commentary posted October 23, 2014 by Hans A. von Spakovsky Shades of Jim Crow at the Justice Department

    Attorney General Eric Holder has waged a litigation war against voter-ID laws as well as state efforts to reduce early-voting periods and eliminate same-day voter registration. These practical reforms, he huffs, are intended to suppress the votes of minorities. But the lawsuit filed by the Department of Justice and a number of civil-rights groups against North Carolina…

  • Legal Memorandum posted October 23, 2014 by Paul Larkin The Problematic Use of Nonprosecution and Deferred Prosecution Agreements to Benefit Third Parties

    Unlike what King John thought[1] or what Judge Dredd proclaimed,[2] the President of the United States is not “the law.” The Constitution is the nation’s fundamental law,[3] and the power to supplement it by legislation resides with Congress under Article I.[4] The President enjoys only whatever authority the Constitution or Congress grants him.[5] His principal domestic…

  • Commentary posted October 22, 2014 by Hans A. von Spakovsky How Will Voting Litigation Affect the Upcoming Elections?

    With less than three weeks to go before the midterm election, the decisions in the courts, including the Supreme Court, on the procedural rules that will govern the election keep on coming on an almost daily basis. This has been pretty much the norm since the 2000 elections, as liberals and progressives have used the courts — rather than the legislative process — to try…

  • Testimony posted October 20, 2014 by John Malcolm Criminal Justice Reform: Suggested Changes for Tennessee

    LEGISLATIVE TESTIMONY Criminal Justice Reform: Suggested changes for Tennessee Testimony before the Tennessee Senate Judiciary Committee September 16, 2014 John G. Malcolm Director and Ed Gilbertson and Sherry Lindberg Gilbertson Senior Legal Fellow, Edwin Meese III Center for Legal and Judicial Studies The Heritage Foundation Thank you for the opportunity to speak to…

  • Commentary posted October 9, 2014 by Elizabeth Slattery The Roberts Court is Not 'Increasingly Conservative'

    Washington Post Supreme Court correspondent Robert Barnes claims that the Supreme Court has become more conservative during John Roberts’ nine-year tenure as Chief Justice. Such a characterization shows a misunderstanding of the role of courts. Rather than label the Roberts Court as “conservative” or “liberal,” it would be more accurate to describe the Court as…