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 of students with disabilities. They summarize arguments against students with disabilities participating in school choice programs and offer counterarguments and nuances, ultimately arguing that well-designed school choice programs are beneficial to students with disabilities. [Read Now]
John Malcolm discusses the concept of mens rea, argues that too few federal laws contain adequate mens rea standards, and urges Congress to take up mens rea reform. [Read Now]
Former FCC Commissioner Kathleen Abernathy traces the history of the FCC’s approach to regulating the internet and favorably reports on the changes the new FCC Chairman Ajit Pai is making. [Read Now]
Dean Mazzone discusses the Supreme Court’s 2016 decision in Luis v. United States, which dealt with asset forfeiture and the Sixth Amendment right to counsel. After summarizing the arguments of the plurality, concurring, and dissenting opinions, the author briefly discusses asset forfeiture more broadly and the potential ramifications of Luis. [Read Now]
Dick Carpenter critically discusses economic regulation in general and occupational licensing in particular. He goes on to discuss Professor Randy Barnett’s theory that the Constitution should be interpreted to protect economic liberty, then proposes one way legislatures can protect economic liberty without sacrificing the public good. [Read Now]
