Blog
A Blow to Privatization and Interstate Commerce
Once again, Justices Roberts and Alito have split over whether federal law preempts a state regulation. In United Haulers Association v. Oneida-Herkimer Solid Waste…
Blog
Regulated to Death
The New York Times has an interesting story on how federal privacy and disability-rights regulations may have helped pave the way for the Virginia…
Blog
Redundant Regulation Preempted
In a 5-to-3 decision, the Supreme Court just ruled in Watters v. Wachovia Bank that state regulators can’t impose certain regulations on national banks’…
Blog
Rhode Island Lead Paint Verdict Ethically Tainted
In Rhode Island, a jury recently returned a verdict holding out-of-state paint manufacturers liable to the state for potentially billions of dollars, under the theory…
Blog
Foreign Courts Target U.S. Business for Plunder
The Supreme Court of Canada has just given the green light for British Columbia to force American tobacco companies to pay for smokers’ past…
Blog
Dying Woman Denied Right to Take Medical Marijuana
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Thumbing Their Noses at the Constitution
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Selective Support for Democracy
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The Landmark Decision That Nearly Evaporated
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Washington, D.C. Gun Ban Shot Down
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All pain, no gain?
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Lead Paint Travesty
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When Everything Is Unhealthy, Nothing Is
Op-Eds
What’s up with Nation’s 10 Worst Attorneys General?
WASHINGTON - In recent years, state attorneys general have become increasingly powerful. Using lawsuits as a weapon, they have transferred billions of dollars from businesses…
Blog
Dishonest Court Ruling Flouts Law in Dukes v. Wal-Mart
Blog
Punitive Damages Can Be Limited
The Ninth Circuit Court of Appeals has just held in the Engquist case that a legislature can limit punitive damages payable to a plaintiff…
Blog
Taxation Without Representation?
Study
The Nation’s Top Ten Worst State Attorneys General
DOWNLOAD THE COMPLETE PDF. …
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Economists File Brief In Support of Terminally-Ill
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Forbidden Words
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A Temporary Reprieve for D.C. Employers and Landlords
D.C. Mayor Anthony Williams rightly vetoed a bill that would have banned employers from taking applicants’ criminal records into account in hiring, and forced landlords to rent to ex-cons,…
Blog
Government Has No First Amendment Right to Discriminate
In November, Michigan voters adopted Proposal 2, a state constitutional amendment that bans racial preferences in state university admissions and in government contracts and employment.
Blog
D.C. Council Gives Criminals Special Protections
The Washington, D.C. Council voted 10 to 2 yesterday to ban employers from considering criminal records in housing, hiring or employment, if the criminal’s probation…
Fordham University
Ideological Tilt of Legal Profession
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Criminals: The New Protected Class
Employers in Washington, D.C. may soon be banned from considering criminal convictions in hiring, if the criminal’s probation or parole officer thinks he has “achieved…
Blog
Tobacco Scam
In 1998, the big tobacco companies entered into a $250 billion settlement with trial lawyers and the attorneys general of 46 states. Big Tobacco agreed…
Op-Eds
The Case Against Racial ‘Balancing’ Schemes
The editorial “A Different Race Case” argued that Seattle’s use of race in assigning students to schools should be upheld by the Supreme Court…
Blog
Does Diversity Mean No Whites?
On Tuesday, the Ninth Circuit Court of Appeals held that a minority-oriented school can exclude members of all but one race (Native Hawaiians), even if…
Blog
An End to Racial Engineering?
The Supreme Court heard oral arguments Monday in two important racial discrimination cases. Parents in Seattle and Louisville are challenging their children’s exclusion from…
Blog
Saudis to Sue Tobacco Companies
The Saudi government is threatening to sue American tobacco companies such as Philip Morris to force them to pay the healthcare costs of Saudi…
Blog
Supreme Court Considers Whether to Preempt State Bank Red Tape
On Thursday, November 29, the Supreme Court heard oral argument in Watters v. Wachovia Bank, which will decide whether federal law preempts state regulators…
Blog
Money Violates Civil Rights Laws, Court Rules
A federal judge in Washington, D.C. has just ruled that America’s money bills, such as $1, $10, and $100 bills, discriminate against the blind, in…
Blog
Court Ensures Painful Death for Terminally Ill
Yesterday, the D.C. Circuit Court of Appeals voted to vacate and rehear its Abigail Alliance v. Von Eschenbach decision, which would have required the…
Blog
Kelo Ruling Gutting Property Rights Will Live On
In Kelo v. New London (2005), the Supreme Court ruled 5-to-4 that private property (like your home) could be seized by the government for use…
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Two Victories for Taxpayers
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Turning Free Speech Upside Down
Thomas Jefferson once wrote that “to compel a man to furnish contributions of money for the propagation of opinions which he disbelieves is sinful and…
Blog
Race-Based Student Assignments
In a case pending before the Supreme Court, the Seattle School District argues that it should be allowed to use race when assigning…
Blog
More Katrina Waste
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Tobacco Litigation Update
In Schwab v. Philip Morris, a federal judge in Brooklyn recently approved a class-action racketeering lawsuit against tobacco companies on behalf of millions…
Comment
Amicus Curiae Brief in Parents Involved in Community Schools v. Seattle School District No. 1
Fordham University
Ignoring Limits on Harassment Liability
Back in 1999, in Davis v. Monroe County Board of Education, the Supreme Court laid down a test for when sexual harassment rises to…
Fordham University
Protection Against Unanticipated Lawsuits
On Monday, in Arlington Central School District v. Murphy, the Supreme Court limited the court costs recoverable under the Individuals with Disabilities Education Act…
Fordham University
The High Cost of Petitioning
A radical pro-affirmative action group, By Any Means Necessary (BAMN), joined by Detroit’s mayor, Kwame Kilpatrick, have filed a Voting Rights Act…
Fordham University
A License To Complain
Last Thursday, the Supreme Court ruled that a worker alleging retaliation for complaining about discrimination may sue even if she has not suffered a…
Products
The Public Company Accounting Oversight Board
On February 9, the Competitive Enterprise Institute helped file a lawsuit challenging the constitutionality of the Public Company Accounting Oversight Board (PCAOB), a federal agency…
Op-Eds
Sarbanes-Oxley Accounting Board: An Agency Without Accountability
In 2001, the energy giant Enron unexpectedly filed for bankruptcy, laying off 4,000 of its employees and consuming the life savings of thousands more. In…
Wall Street Journal
Nominee’s Record Shows Backing of Business Interests, Contracts
The Wall Street Journal quotes Hans Bader on Supreme Court Justice Alito's rulings. Hans Bader, general counsel of the Competitive Enterprise Institute, a…
News Release
Supreme Court Nominee Alito Good News
Washington, D.C., October 31, 2005—The President's nomination of Third Circuit Judge Sam Alito to serve on the Supreme Court is good news.<?xml:namespace prefix…
News Release
Supreme Court Turns Away Justice Department Demand in Tobacco Lawsuit
<?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Washington, D.C., October 17, 2005— The Supreme Court today rightly rejected the Justice Department’s attempt to…
Study
The Public Company Accounting Oversight Board
Op-Eds
Tobacco Ruling Erodes Charter
In Thursday’s ruling in British Columbia v. Imperial Tobacco, the Supreme Court of Canada gravely eroded the Charter of Rights and Freedoms by…
News Release
Statement from CEI Counsel Hans Bader on Today’s Ruling in British Columbia v. Imperial Tobacco
<?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Washington, DC, September 29, 2005—In today’s ruling in British Columbia v. Imperial Tobacco, the Supreme Court…
Op-Eds
Big Tobacco Market Share Is Big Concern for States
In defending its settlement with Big Tobacco, the National Association of Attorneys General (NAAG) argues that “the states are not 'partners with the…
Bond Buyer
New Lawsuit Allege MSA Violates Compact Clause
Op-Eds
Why Stop with Non-Judges?
Senate Democrats have urged President Bush to appoint to the Supreme Court candidates from outside the judiciary. Their idea is to add diversity of…
Op-Eds
Property Rights Yield to Corporate Welfare, by Hans Bader
Americans can wave goodbye to constitutional property rights protections, after the U.S. Supreme Court ruled 5-to-4 that a Connecticut city could condemn the homes…
Op-Eds
Spitzer’s ‘Obligations’
Darren Dopp claims that his boss, New York Attorney General Eliot Spitzer, was right to sue Dick Grasso for collecting $190 million in pay during…
Study
Spitzer Strains out Grasso While Swallowing Camels
Full Document Available in PDF Recently, New York Attorney General Eliot Spitzer…