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Higher Education

Do we really need a new constitutional amendment to protect privacy online?

  May the government monitor your internet habits or the location of your cell phone without a warrant? The United States Supreme Court will soon decide. This year, the court could decide as many as three cases involving the scope of the Fourth Amendment in the digital age. If the oral arguments in these cases...

March 2, 2018
Energy & Environment

Following rule of law shouldn’t be too much to ask of EPA

  If you are breathing as you read this, you are emitting an officially designated dangerous pollutant, subject to federal regulation. At least that was the position of the Environmental Protection Agency under the past administration. In 2009, the EPA issued an “endangerment finding” concluding that carbon dioxide, the same gas that we exhale, poses...

February 8, 2018
Property Rights

Make short-term rental policies on evidence, not anecdotes

  As with any human endeavor, there will always be some bad actor out there that can provide fodder for anecdotal reports. But we don’t base public policy on anecdotes, we base it on facts — particularly when constitutional rights are at stake. In a recent op-ed in TribTalk, Vivé Griffith wrote an impassioned defense of...

December 18, 2017
Other

Short-term rental owners win again in Texas Courts

  Owners and guests of short-term and vacation rentals in Texas recently racked up another win at the 3rd Texas Court of Appeals. On August 22, the Austin court joined a growing list of state appellate courts to hold that renting your home out for short periods of time does not magically transform it into a commercial enterprise...

September 22, 2017
Local Government

Crony capitalism at the heart of the AHCA

The individual mandate survived constitutional challenge solely because it was a tax. The AHCA penalty doesn't have that option. Hopefully, the House's decision to delay the vote on the AHCA will give the GOP an opportunity to reconsider its mistake.

April 10, 2017
Energy & Environment

Absurd Results When Predicting the Future

The 9th Circuit Court of Appeals recently upheld the National Marine Fisheries Service’s (NMFS) decision to list the Pacific Bearded Seal as an endangered species. The seal is not currently threatened, but according to the NMFS, it might be threatened in 2095, if current global warming climate-models hold true—a highly unlikely proposition, given the historical unreliability of such models

November 29, 2016
Economy

Austin’s short-term rental ordinance is ‘ridiculous’

The Austin City Council has declared war on short-term rental houses. The constitutional rights of owners and tenants are that war’s collateral damage

August 19, 2016
Energy & Environment

Might the Clean Water Act be unconstitutional?

It's time Congress did its job and clarified the scope of the CWA. If it doesn't, a growing contingent of Supreme Court Justices seems ready and able to flush the Clean Water Act.

June 10, 2016
Energy & Environment

‘Waters of the United States’ return to SCOTUS

It is outrageous that our government would fight this hard to ensure that its citizens are denied their day in court.

March 29, 2016
Energy & Environment

Challenge to Endangered Species Act about respect for law

It is a demand that the rule of law must be acknowledged by the federal government and that a limit to the authority of the Endangered Species Act must be recognized.

March 28, 2016
Energy & Environment

The tangled web of the Commerce Clause

Penalties for taking a protected species range up to a $50,000 fine and/or a year in federal prison.

December 17, 2015
Property Rights

Bureau of Land Management shows contempt for property rights

For nearly seven years, affected property owners along the river tried to settle these disputed titles with BLM. And for nearly seven years (and counting), BLM failed to come to the table.

December 17, 2015
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