Washington Times
Title IX order on campus ‘harassment’ violates rights, free speech advocates say
Washington Times discusses Title IX's harassment order as limiting free speech with Hans Bader. Writing at Liberty Unyielding, Hans Bader, senior attorney for…
The Wall Street Journal
The Climate Police Escalate
Blog
Bureaucratic Double Jeopardy: Feds Order University of New Mexico to Restrict “Unwelcome” Speech
Even if you convince one bureaucratic agency to leave you alone, another may come along and harass you. The possibilities are endless in an age…
Blog
Employment Lawsuits for Thee, But Not for Me
The New York Times loves legislation that restricts employment-at-will, and it loves to increase penalties for employers who don’t hire and promote in…
Blog
Pay Gap Myths Spread Around Equal Pay Day
In the lead up to Equal Pay Day this month, supporters of more federal pay regulations promoted myths about the pay gap between men and…
Blog
California Minimum Wage Hike Could Cost State Taxpayers $10 Billion
California’s legislative analyst projects that the recent increase the state’s minimum wage to $15 an hour will cost taxpayers $3.6 billion more a year in…
The Daily Signal
Liberal AGs Have Begun a War Against the First Amendment
The Daily Signal reports on the subpoena sent to CEI by Attorney General Claude E. Walker in attempts to silence the climate change debate. …
USA Today
Dear attorneys general, conspiring against free speech is a crime: Glenn Reynolds
USA Today reports on the subpoena that was sent to CEI as an attempt to silence the climate change debate. This investigation, which…
Blog
Attorneys General Launch Intimidation Campaign with Subpoena against CEI
Days after CEI criticized investigations of Exxon by State Attorneys General over its speech related to climate change, CEI was hit with a subpoena demanding…
Examiner
Speech-chilling subpoena issued by Virgin Islands AG in climate investigation
Yesterday, just a few days after the Competitive Enterprise Institute (CEI) criticized investigations of Exxon by state Attorneys General over its speech related to climate…
Library of Law and Liberty
The New Eco Tyranny
Last week, the attorneys general of 20 states met at a conference “dedicated to coming up with creative ways to enforce laws being flouted by…
Daily Signal
8 Questions for PayPal on Its Decision to Boycott North Carolina
The Daily Signal discusses a North Carolina law with Hans Bader. The new North Carolina law also requires cities and localities to follow…
Blog
Senators Reward Agency Overreaching with Proposed Budget Increase for Office for Civil Rights
Twenty-two senators are proposing a nearly 30 percent budget increase for the Education Department’s Office for Civil Rights. OCR is the agency that has pressured colleges and …
Associated Press
Companies reconsidering North Carolina over LGBT rights
Associated Press discusses with Hans Bader a new law in North Carolina that could challenge employers. Companies like the prospect of avoiding baseless lawsuits, but…
Blog
President Obama Promotes Myth of Excellent Health Care and Education in Cuba
In his recent remarks in Cuba, President Obama offered glowing praise to institutions in that communist country that did not deserve it. The president called Cuba’s…
Legal Newsline
CEI attorney cites chilling effect of state investigations of ExxonMobil
Legal Newsline discusses Attorney General Eric Schneiderman's investigation of ExxonMobil with Hans Bader. New York Attorney General Eric Schneiderman, who is investigating ExxonMobil…
Blog
Freedom of Contract at Risk in Carcano v. McCrory
Virginia’s Dillon rule prevents cities and counties from regulating the employment practices of private businesses. That bars them from setting minimum wages higher than…
Daily Signal
NBA’s Threatening North Carolina Is Textbook Cultural Cronyism
The Daily Signal references Hans Bader's writing on a bill in North Carolina pertaining to employment regulations. The second provision—the employment provision—is simply a…
Blog
Free Speech Violation in St. Paul Schools Undermines Anti-Private Ideology
Leftists who seek to ban home schooling and school vouchers, and restrict private schools, argue that is needed to prevent “indoctrination” or “balkanization.” Rather than developing a…
Politico
Exelon-Pepco merger approved to create nation’s largest utility
Politico's Morning Energy discusses an order issued in CEI's case against the White House Office of Science and Technology Policy. A fight over a…
Blog
Judge Orders White House OSTP to Explain Why It Shouldn’t Be Sanctioned for Undisclosed Records
OSTP failed to disclose the existence of some records in response to a FOIA request until after a federal judge had already ruled in the…
Blog
Does Global Warming Cause Severe Cold Spells? Court Orders Release of Concealed Records
On January 8, 2014, the White House posted a curious video claiming that global warming causes more severe winter cold. Called “The Polar Vortex Explained…
Blog
Collusive Deals with Class Action Lawyers before the Supreme Court
Class-action lawsuits are commonly settled for things that benefit the lawyers bringing them, not the class of allegedly victimized people they are supposedly suing on…
Forbes
Yet Another Good Reason To Abolish The Department Of Education
Forbes discusses issues with the Department of Education with Hans Bader. Competitive Enterprise Institute (CEI) attorney Hans Bader, who formerly worked for the…
The John William Pope Center
What If Federal Regulations for Colleges Are Themselves Illegal?
The John William Pope Center cites Hans Bader on the U.S. Department of Education’s Office for Civil Rights letter to give college and university officials guidance…
Blog
OCR’s Evasive Letter to Sen. Lankford about Colleges and Title IX
An agency can disregard logic and jump to conclusions when it imposes legal mandates outside the notice-and-comment rulemaking process, since it never has to address…
National Review
Authority? We Don’t Need No Stinkin Legal Authority!
The National Review discusses Hans Bader's blog post on the Office for Civil Rights's letter to Senator James Lankfrord. Much to the annoyance…
Washington Post
Fading hope for the Supreme Court
I’m saddened by the passing of Supreme Court Justice Antonin Scalia [“Supreme Court conservative dismayed liberals,” front page, Feb. 14]. He applied the law faithfully,…
Wall Street Journal
Office for Civil Rights Should Respect Rights
The Wall Street Journal features Hans Bader's letter to the editor. Harvard Law Prof. Jacob Gersen is right to criticize the Education Department…
CNS News
State Attorney General Climate Change Investigations Are Unconstitutional
Should government officials be able to cut off donations to groups because they employ people disparaged as “climate change deniers,” even if the group in…
Blog
State Attorney General Climate Change Investigations Are Unconstitutional
Should government officials be able to cut off donations to groups because they employ people disparaged as “climate change deniers,” even if the group in…
The Economist
Free Speech on Campus
Judges have long ruled that the First Amendment of the American constitution protects many forms of hateful speech. So the official at the University of…
Politico
Appeals court could complicate Clinton email litigation
Politico reports on CEI's appeal before judges regarding their FOIA request for records an agency head held on a private email account. The…
Courthouse News Service
D.C. Circuit Poised to Release Private Emails
Courthouse News Service reports on CEI's lawsuit involving their Freedom of Information Act request, they also quote Hans Bader on the case. The…
Politico
Clinton aides’ cybersecurity emails go from 38,000 to one
Politico reports on surprising developments in CEI's lawsuit seeking action on its FOIA requests. Just two weeks ago, Justice Department attorney Jason Lee…
Blog
Congress Rewards Education Department for Overreaching and Flouting Checks and Balances
At Powerline, lawyer Paul Mirengoff writes about one of the many disturbing provisions buried in the budget-busting omnibus spending bill currently being passed by Congress as…
Blog
Pennsylvania Legislature Begins Process of Firing Attorney General Kathleen Kane
Last month, Pennsylvania Attorney General Kathleen Kane stubbornly clung to office, refusing to resign even after she was suspended from practicing law for her alleged…
Examiner
Pennsylvania Senate begins process of removing Attorney General Kathleen Kane
Examiner features an article by Hans Bader on Pennsylvania's efforts ro remove the worst state Attorney General, Kathleen Kane. A month ago, Pennsylvania Attorney…
Blog
Unconstitutional Sexual-Orientation Set-Asides in Massachusetts
Government contracts should go to the lowest bidder, not be set aside for a particular group. So it is unfortunate that Massachusetts’s governor is now…
Blog
The Misguided Attempt to Censor Yik Yak
People often seek to restrict new means of communication in ways that would never be applied to older forms of communication, sometimes based on fear…
Blog
More Affirmative-Action Red Tape for Contractors: Sexual Orientation Added in California
Governments impose a cobweb of complicated and confusing affirmative-action mandates on government contractors. That imposes billions of dollars in compliance costs on contractors. It also …
Blog
Pennsylvania Attorney General Suspended from the Bar, Still Refuses to Quit
Pennsylvania Attorney General Kathleen Kane was suspended from the bar on October 22 for apparent violations of the law by the Pennsylvania Supreme Court. A…
Blog
Education Department Power Grabs Criticized in Congress
Yesterday, The College Fix published an interesting story titled “Department of Education shredded for lawless overreach in Senate hearing.” It was about Congress getting annoyed with…
Blog
Education Department Harms Innocent Colleges and Students through Illegal Title IX Mandates
The Education Department, where I used to work, is becoming more and more extreme in how it interprets and applies federal law. Sometimes this comes…
Blog
Cato, CEI File Amicus Brief to Protect Donor Confidentiality and Freedom of Association
The Cato Institute and CEI recently filed an amicus brief with the Supreme Court, urging it to stop California Attorney General Kamala Harris from making intrusive…
CNS News
Thrifty Seniors Pay Steep Price for Responsible Behavior as Federal Medicare Laws Punish Savers
Blog
More Punishment for Thrifty Seniors from Federal Medicare Laws
If two couples make almost the same amount of money, should one of them be charged $2,000 more in Medicare Part B premiums? Logically, no,…
Blog
CEI Issues Report on the Nation’s Six Worst State Attorneys General
Today, CEI issued another of its periodic “worst state attorney general” lists, in a lengthy report explaining why those attorneys general received that dubious distinction. (Previous …
Denver Post
In Defense of Chick-fil-A
Study
The Nation’s Worst State Attorneys General 2015
From noteworthy ethical and legal breaches, including violating the Constitution, fabricating legal norms, usurping legislative powers, hiring campaign contributors as outside counsel on a contingency-fee…
Blog
Feds Double Down on Failed Affordable Housing Mandates
Federal affordable housing mandates do little to increase homeownership rates, but they did help cause a devastating financial crisis in 2008 by encouraging risky lending. Yet the Federal…
Blog
Is President Obama’s Energy Wish Coming True?
In a January 17, 2008, interview with the San Francisco Chronicle, then-Senator Obama said that “electricity rates would necessarily skyrocket” under his plan to…
Blog
Dodd-Frank Act Strangles Small Banks
The 2010 Dodd-Frank Act was enacted partly to end “too-big-to-fail” banks, but it has done quite the opposite. It has curbed competition with big banks…
WND
Another White House Email Scandal Erupts
WND reports on CEI's Freedom of Information Act request, quoting Sam Kazman on the issue. John Holdren, director of the White House Office of Science…
Legal Brief
Amicus Brief: United States Telecom Association v. FCC
Full Document Available in PDF A handful of telecom companies sued the Federal Communications Commission (FCC) over its Open Internet Order, also…
The Boston Herald
Feds go too far
The Herald was right to criticize the Obama administration’s recently imposed “Affirmatively Furthering Fair Housing” rule (“Fed housing overreach,” July 19). It wrongly seeks to…
Blog
Dodd-Frank’s Conflict-Minerals Rule Increases Violence in the Congo
ProfessorBainbridge.Com
Reason argues Dodd-Frank conflict minerals rule has made bloodshed in the Congo worse
The ProfessorBrainbridge cites CEI`s Hans Bader on the Dodd-Frank mineral rules: According to a working paper from Dominic P. Parker of the University of Wisconsin…
Overlawyered
Yet more on Dodd-Frank conflict minerals rules
The Overlawyered cites CEI`s Hans Bader on Dodd-Frank conflict minerals rules:…
Overlawyered
July 22 Roundup
The Overlawyered cites CEI`s Hans Bader on HUD's "Affirmatively Furthering Fair Housing:…
Blog
HUD’s “Affirmatively Furthering Fair Housing” Rule Is about Social Engineering, Not Desegregation
Failure to meet a racial quota is not the same thing as segregation. That basic fact has eluded the federal Department of Housing and Urban…
Blog
EEOC Legislates New Federal Ban on Discrimination Based on Sexual Orientation
When Congress declines to pass a law that would expand an agency’s powers, the agency will sometimes respond by making up the law on its own.
Overlawyered
EEOC: federal law already bans sexual-orientation bias
The Overlawyered cites CEI`s Hans Bader on EEOC Llgislation banning discrimination based on sexual orientation:…
Overlawyered
July 15 Roundup
The Overlawyered cites CEI`s Hans Bader on Fair Housing Act: “Every state county or municipality…should think…
Real Clear Policy
Trial Lawyers’ Underappreciated Power Over ‘Independent Redistricting Commissions’
The Supreme Court's recent decision in King v. Burwell wasn't the only one in which it twisted clear language to protect the progressive political agenda. In another…
The College Fix
Two-thirds of subsidized financial aid swallowed up by tuition increases, Federal Reserve Bank study finds
The College Fix quotes CEI`s Hans Bader on federal student aid programs: The Competitive Enterprise Institute’s Hans Bader cites…
Blog
Federal Financial Aid Drives Up Tuition and College Costs, Study Finds
The federal government is now admitting that its own financial aid is partly to blame for rising tuition, reports Blake Neff in The Daily Caller:…
CNS News
Federal Financial Aid Drives Up Tuition and College Costs, Study Finds
The federal government is now admitting that its own financial aid is…
Blog
Supreme Court Expands Power of Trial Lawyers Over Elections in Arizona Ruling
The Supreme Court’s recent healthcare decision in King v. Burwell wasn’t the only case in which it twisted clear statutory or constitutional language in order to protect…
Overlawyered
Schools Roundup
The Overlawyered cites CEI`s Hans Bader on college speech codes: …
Blog
Supreme Court Ruling that Fair Housing Act Bans Disparate Impact Creates Confusion and Uncertainty
The Supreme Court’s June 25 decision in Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc. creates confusion and uncertainty in multiple respects. In…
The College Fix
First Amendment protections on public college and university campuses
The College Fix cites CEI`s Hans Bader on college speech codes: The title is from Hans Bader’s June 2 statement to the US…
Blog
Dodd-Frank Conflict Minerals Rules Cause Smuggling, Starvation, and Harm to U.S. Businesses
The 2010 Dodd-Frank Act effectively restricted U.S. business’s ability to obtain minerals from the war-torn nation of the Congo and surrounding countries. That caused massive …
Products
Former OCR Lawyer Hans Bader Responds to Finding of Title IX Violation at Harvard Law School
The Torch (FIRE) quotes CEI`s Hans Bader on violation of Title IX. at Harvard Law School: Last week, the Department of Education’s Office…
Blog
Obama Administration Pressures Colleges to Adopt Unconstitutional Speech Codes
Under the Obama administration, the Education Department has pressured schools and colleges to restrict speech, including off campus speech, even when it is protected by the…
Simple Justice
The Public Accommodation Formerly Known As SJ
Simple Justice cites CEI`s Hans Bader on the Americans with Disabilities Act: Walter Olson, at Overlawyered, here and here, Amy Alkon…
National Review
Two Excellent Letters on an Excellent Op-ed on Title IX
National Review cites CEI`s Hans Bader`s letter on the an op-ed on unconstitutional speech codes: On June 8, the Wall Street Journal ran…
Products
Labor and Employment Roundup
Overlawyered cites CEI`s Hans Bader: President Obama keeps promoting myths about Lilly Ledbetter case [Hans Bader, CEI]…
National Review
First Amendment Protections on Public College and University Campuses
CEI`s Hans Bader is quoted by the National Review on the issue of `First…
Advice Goddess Blog
How ADA-For-The-Web Regulations Could Kill This Website
So few people understand how laws passed can be used — and easily misused. Stretched into something they were never supposed to be (or not…
The Wall Street Journal
Title IX: From Pro-Female Reform to an Anti-Male One
The Wall Street Journal quotes CEI`s Hans Bader on the unconstitutional speech codes: “Ms. Gavora rightly criticizes the Education Department, where I used…
The Wall Street Journal
Title IX: From Pro-Female Reform to an Anti-Male One
Ms. Gavora rightly criticizes the Education Department, where I used to work, for pressuring colleges to adopt unconstitutional speech codes in the name of fighting…
Blog
DOJ vs. Reason.com Commenters: When Everything Is Deemed a “Threat”
The Supreme Court has said that true threats can be banned without violating the First Amendment, but that doesn’t mean that hyperbolic rants are unprotected…
Overlawyered
Liability Roundup
Overlawyered cites CEI`s Hans Bader on the Brown v. Nucor Corp. case: "Brown v. Nucor Corp.: did…
Blog
Fourth Circuit Flouts Appellate, Evidence, and Class-Action Rules in Brown v. Nucor Corp.
In the past, businesses have been happy to put new factories in states like South Carolina and Virginia, due to their right-to-work laws and relatively…
Overlawyered
Liability Roundup
The Overlawyered cites CEI`s Hans Bader on Brown v. Nucor Corp. decision: Brown v. Nucor Corp.: did Fourth Circuit just try to gut…
Blog
Welfare Recipients Relabeled As “Workers” Despite Doing Little or No Work
Blog
President Again Makes False Claims about Supreme Court’s Ledbetter Decision
On April 15, President Obama once again made false claims about what the Supreme Court did in its decision in Ledbetter v. Goodyear Tire &…
L.A. Times
Readers Defend Free Speech After Texas shooting
The LA Times prints Hans Bader's letter on "free speech" versus "hate speech." The Supreme Court has repeatedly ruled that hate speech is…
Blog
The “Draw Muhammad” Contest and the Futility of Trying to Correct Journalistic Mistakes about the Law
​Journalists often not only get the law wrong, but then have the audacity to smugly talk down to people who attempt to correct them (usually…
Blog
Deceptive Discrimination Laws
Discrimination may be bad for business, but that doesn’t mean laws banning discrimination are good for business. Often, these laws are like the proverbial Trojan…
Blog
New York Times Clings to Discredited Legal Myths about Corporate Personhood
Blog
Pay Discrimination Myths from the AAUW
The Wall Street Journal
Suspension, Restorative Justice and Productive Schools
Blog
Anti-Business Myths Pervade Reporting on Religious Freedom Legislation
Sometimes, the media propagates anti-business myths, in the course of reporting on legislation that has little impact on business. So it is with its recent reporting…
Blog
Is Ferguson “the Norm”? In Some Ways, Yes
Recently, the Justice Department issued a report that was very critical of the Ferguson police department and courts. In response, President Obama stated that “he doesn't believe…
Blog
When Regulations Undermine Justice and Due Process
Recently, I participated in a March 13 panel discussion at the National Press Club titled “Bringing an End to Second-Class Justice,” discussing how federal micromanagement…
Breitbart
Obama Administration’s “Race-Based” Discipline Policies Increase School Violence
Blog
Civil Rights Commissioners Oppose Budget Increase for Education Department’s Office for Civil Rights
On February 26, two members of the U.S. Commission on Civil Rights, Gail Heriot and Peter Kirsanow, wrote to the chairmen of the congressional appropriations committees, to…
Blog
University of California Dean: Academic Freedom Makes Students “Feel Unsafe”
Recently, the dean of the School of Social Welfare at the University of California at Berkeley condemned a professor’s constitutionally protected remarks, including but not limited…