Deep Dive with the Institute for Justice

Why so-called Terry stops are a threat to essential Fourth Amendment rights The post Will the Supreme Court Limit Police Power to “Stop and Frisk”? appeared first on Institute for Justice.

In Ohio, wildlife inspectors think that the law gives them permission to come into private businesses without permission—no probable cause or warrant required The post These Inspectors Think “Open for Business” Means “No Warrant Required” appeared first on Institute for Justice.

In Virginia, any one of 176 so-called barrier crimes can disqualify a person from work in certain occupations for life—no matter how old the conviction, […] The post When Can Your Past Bar You From a Job—And When Should It? appeared first on Institute for Justice.

In Virginia, any one of 176 so-called barrier crimes can disqualify a person from work in certain occupations for life—no matter how old the conviction, how unrelated it is to the work the person desires to do, or how little it reflects the person's fitness today. These laws kept IJ client Rudy Carey from fulfilling… The post When Can Your Past Bar You From a Job—And When Should It? appeared first on Institute for Justice.

In Wilmington, Delaware, any car with more than $200 in outstanding fines can be towed by private towing companies. Vehicle owners have no way to contest the tickets or seizure without first paying the city everything it demands in parking tickets, fines, fees, and penalties. If they can't afford to pay in 30 days, the companies get to scrap their cars and keep their full value, returning nothing to the property owners and not even crediting part of the value of the car to the underlying fines. In exchange, the city gets a free impound program; property owners lose everything. In today's episode, we will talk about all the ways that this system violates constitutional rights—and what two residents are doing to fight it.

In Wilmington, Delaware, any car with more than $200 in outstanding fines can be towed by private towing companies. Vehicle owners have no way to contest the tickets or seizure without first paying the city everything it demands in parking tickets, fines, fees, and penalties. If they can't afford to pay in 30 days, the companies get… The post Grand Theft Auto in Wilmington, Delaware appeared first on Institute for Justice.

Before he was IJ's president, Scott Bullock spent 25 years as an IJ attorney. In this episode, he recounts his years in the trenches as a litigator, from the first case he litigated on behalf of African hairbraiders in Washington, D.C., to arguing at the 5th Circuit that Benedictine monks should be able to earn… The post IJ at 30: IJ President Scott Bullock on the Cases and Clients that Changed IJ and the Law (A Deep Dive Best Of) appeared first on Institute for Justice.

Before he was IJ's president, Scott Bullock spent 25 years as an IJ attorney. In this episode, he recounts his years in the trenches as […] The post IJ at 30: IJ President Scott Bullock on the Cases and Clients that Changed IJ and the Law (A Deep Dive Best Of) appeared first on Institute for Justice.

Though Susette Kelo's fight to save her home from her city's efforts to take it for a private developer ended in 2005, the fight against eminent domain abuse has continued. In today's show, we revisit that landmark decision and talk about the aftermath and where the biggest eminent domain battles are happening now, from pretextual… The post Will the Supreme Court overturn its infamous decision letting developers take your property? appeared first on Institute for Justice.

Though Susette Kelo's fight to save her home from her city's efforts to take it for a private developer ended in 2005, the fight against […] The post Will the Supreme Court overturn its infamous decision letting developers take your property? appeared first on Institute for Justice.

In March 2021, FBI agents broke into private safe deposit boxes at the Southern California business U.S. Private Vaults and—though no individual box owner was suspected of wrongdoing—rifled through and cataloged owners' belongings, then seized the contents. Property owners are fighting back, and in today's episode, we talk about what happened, all the reasons that… The post These People Lost $85 Million in an L.A. Heist…and the Robber was the FBI appeared first on Institute for Justice.

In March 2021, FBI agents broke into private safe deposit boxes at the Southern California business U.S. Private Vaults and—though no individual box owner was […] The post These People Lost $85 Million in an L.A. Heist…and the Robber was the FBI appeared first on Institute for Justice.

In Episode 30 of Deep Dive, we talked about how fines for harmless property code violations could snowball into six-figure debt. All too often, municipalities set up these “taxation by citation” schemes to bolster city budgets—not protect public health and safety. Schemes like this are rife with due process problems, and in today's episode, we… The post Cities Caught Extracting Millions From Residents Through Fines and Fees Traps appeared first on Institute for Justice.

In Episode 30 of Deep Dive, we talked about how fines for harmless property code violations could snowball into six-figure debt. All too often, municipalities […] The post Cities Caught Extracting Millions From Residents Through Fines and Fees Traps appeared first on Institute for Justice.

This term, the U.S. Supreme Court issued a unanimous opinion in Caniglia v. Strom, a case about the “community caretaking” exception to the general principle that police need a warrant before entering a home. In today's episode, we talk about what the government and the property owner argued in that case and what the Court… The post Supreme Court Shuts Down Police on Entering Your Home Without a Warrant appeared first on Institute for Justice.

This term, the U.S. Supreme Court issued a unanimous opinion in Caniglia v. Strom, a case about the “community caretaking” exception to the general principle […] The post Supreme Court Shuts Down Police on Entering Your Home Without a Warrant appeared first on Institute for Justice.

After Sandy Martinez got a ticket from Lantana, Florida, for parking her car with its wheels slightly outside her driveway and on the grass in her yard, she didn't know that she was being fined a whopping $250 per day by the town. Weeks later, when she learned about the fines, the bill had accrued… The post This Florida Woman Got a $100,000 Fine for Parking in Her Own Driveway appeared first on Institute for Justice.

After Sandy Martinez got a ticket from Lantana, Florida, for parking her car with its wheels slightly outside her driveway and on the grass in […] The post This Florida Woman Got a $100,000 Fine for Parking in Her Own Driveway appeared first on Institute for Justice.

When IJ client Abdallah Batayneh tried to open a resort shuttle service in rural Colorado, his application was denied by a state regulatory agency at the same time it assured him that he was “operationally, managerially, and financially fit” to run his company. In today's episode, we discuss how Abdallah became the victim of an… The post These Laws Let Your Competitors Decide When Your Business is “Needed” appeared first on Institute for Justice.

When IJ client Abdallah Batayneh tried to open a resort shuttle service in rural Colorado, his application was denied by a state regulatory agency at […] The post These Laws Let Your Competitors Decide When Your Business is “Needed” appeared first on Institute for Justice.

What does it mean when courts apply “strict scrutiny” in their review of a law? Why do property, economic, and other vital liberties get only “rational basis” review? And why do these things matter to a constitutional litigator? Learn all this and more in today's Deep Dive with the Institute for Justice.  This episode originally… The post Law for Non-Lawyers – Standards of Review (A Deep Dive Best of) appeared first on Institute for Justice.

What does it mean when courts apply “strict scrutiny” in their review of a law? Why do property, economic, and other vital liberties get only […] The post Law for Non-Lawyers – Standards of Review (A Deep Dive Best of) appeared first on Institute for Justice.

Although Bitcoin and other cryptocurrencies are hitting the mainstream, the way the law will treat them is still undeveloped. In this episode, we talk about how and whether the First and Fourth Amendments might apply to cryptocurrency, what kind of protection they offer, and ways to make sure the law develops in a way that… The post Bitcoin and the Constitution: Is Code Speech? appeared first on Institute for Justice.

Although Bitcoin and other cryptocurrencies are hitting the mainstream, the way the law will treat them is still undeveloped. In this episode, we talk about […] The post Bitcoin and the Constitution: Is Code Speech? appeared first on Institute for Justice.

When the Institute for Justice filed suit against the so-called predictive policing program in Pasco County, Florida, the Sheriff’s Office issued a statement saying that their program is not “in any way, shape or form the ideals or implementations projected in the film ‘Minority Report.'” But in this episode of Deep Dive, we discuss the… The post “Predictive Policing” Algorithm Creates a Dystopian Nightmare for Residents of This Florida Town appeared first on Institute for Justice.

When the Institute for Justice filed suit against the so-called predictive policing program in Pasco County, Florida, the Sheriff's Office issued a statement saying that […] The post “Predictive Policing” Algorithm Creates a Dystopian Nightmare for Residents of This Florida Town appeared first on Institute for Justice.

Elizabeth Brokamp is a professional counselor who just wants to help people at a time when many Americans need it more than ever. But if the Virginia resident tries to talk with clients just miles away in D.C., she will cited and fined for making a Zoom call. In today’s show, we talk about what… The post Talking to a Client in the Wrong Location Makes This Counselor a Criminal appeared first on Institute for Justice.

Elizabeth Brokamp is a professional counselor who just wants to help people at a time when many Americans need it more than ever. But if […] The post Talking to a Client in the Wrong Location Makes This Counselor a Criminal appeared first on Institute for Justice.

IJ Senior Attorneys Robert McNamara and Paul Sherman discuss amicus briefs: what they are, where they came from, and how IJ—and others—use them for maximum impact. For more Deep Dive episodes click here. Download this as an MP3. The post Uses (and Misuses) of Amicus Briefs | (A Deep Dive Best Of) appeared first on Institute for Justice.

IJ Senior Attorneys Robert McNamara and Paul Sherman discuss amicus briefs: what they are, where they came from, and how IJ—and others—use them for maximum […] The post Uses (and Misuses) of Amicus Briefs | (A Deep Dive Best Of) appeared first on Institute for Justice.

Big technology companies like Google, Twitter, and Facebook have come under scrutiny for the ways they are—and are not—controlling speech on their platforms. In today’s show, we talk with two IJ senior attorneys about some of the most common concerns people have about these companies, from free speech considerations to the ways they supposedly act… The post Censorship, Dangerous Speech, and Monopolies appeared first on Institute for Justice.

Big technology companies like Google, Twitter, and Facebook have come under scrutiny for the ways they are—and are not—controlling speech on their platforms. In today's […] The post Censorship, Dangerous Speech, and Monopolies appeared first on Institute for Justice.

What should have been a routine dental appointment at his local VA took a frightening turn for 70-year-old Jose Oliva when security guards tackled him […] The post Security Guards Assault Innocent Vet at the VA—and Claim Immunity appeared first on Institute for Justice.

What should have been a routine dental appointment at his local VA took a frightening turn for 70-year-old Jose Oliva when security guards tackled him and threw him to the ground, injuring and humiliating him. When he sought to hold them accountable for their outrageous behavior, he found that the law protected those who abused… The post Security Guards Assault Innocent Vet at the VA—and Claim Immunity appeared first on Institute for Justice.

In 2015, New Mexico abolished a controversial practice known as civil forfeiture. Critics of the reform claimed it would be a gift to criminals, increasing […] The post This Is What Happens When States Abolish Civil Forfeiture appeared first on Institute for Justice.

In 2015, New Mexico abolished a controversial practice known as civil forfeiture. Critics of the reform claimed it would be a gift to criminals, increasing crime and making it harder for police to do their jobs. In this episode, we talk about what things look like in New Mexico now, five years post-reform. We also… The post This Is What Happens When States Abolish Civil Forfeiture appeared first on Institute for Justice.

Over the past several months, a national spotlight has been on the doctrine of qualified immunity. Although much of the recent focus has been on […] The post Qualified Immunity: Are Government Officials Above the Law? (A Deep Dive Best Of) appeared first on Institute for Justice.

Over the past several months, a national spotlight has been on the doctrine of qualified immunity. Although much of the recent focus has been on police misconduct, immunity shields all governmental workers: from city council members to code inspectors to IRS agents to cops on the beat. That’s more than 20 million people employed by local, state,… The post Qualified Immunity: Are Government Officials Above the Law? (A Deep Dive Best Of) appeared first on Institute for Justice.

The Catherine H. Barber Memorial Homeless Shelter is the only option for people experiencing temporary homelessness in all of Wilkes County, North Carolina. It’s been serving the community there for more than 30 years, and its record is exemplary. But when the shelter tried to apply for a permit for a new building in an… The post Property Rights and Homeless Shelters—What Has the Supreme Court Said? appeared first on Institute for Justice.

The Catherine H. Barber Memorial Homeless Shelter is the only option for people experiencing temporary homelessness in all of Wilkes County, North Carolina. It's been […] The post Property Rights and Homeless Shelters—What Has the Supreme Court Said? appeared first on Institute for Justice.

With new lockdowns happening all over the country and internationally, we want to revisit the government’s use of police power. Just what does your state have the power to do to protect public health and safety—and when and how can it exercise that power? (Episode originally aired on 04/03/20.) Click here for more Deep Dive… The post When Can the Government Lock You in Your House? (A Deep Dive Best Of) appeared first on Institute for Justice.

With new lockdowns happening all over the country and internationally, we want to revisit the government's use of police power. Just what does your state […] The post When Can the Government Lock You in Your House? (A Deep Dive Best Of) appeared first on Institute for Justice.

Special investigators, trumped up charges, and a night in jail. What happened to Sylvia Gonzalez is truly outrageous—and the local government's reaction to her efforts […] The post City Officials Threw an Elderly Woman in Jail for Criticizing Them—Then Claimed Immunity appeared first on Institute for Justice.

Special investigators, trumped up charges, and a night in jail. What happened to Sylvia Gonzalez is truly outrageous—and the local government’s reaction to her efforts to hold them accountable is even worse. In this episode, hear Sylvia’s story and the latest in her fight to ensure what happened to her doesn’t happen to anyone else.… The post City Officials Threw an Elderly Woman in Jail for Criticizing Them—Then Claimed Immunity appeared first on Institute for Justice.

In 2020, debates about veggie burgers and almond milk may sound like small potatoes. But controversies about how the government can regulate the way that companies talk about these foods and other products actually have important implications for free speech. In this episode of Deep Dive, we talk about what the debate is, and why… The post Can the Government Require Warning Labels for Veggie Burgers? appeared first on Institute for Justice.

In 2020, debates about veggie burgers and almond milk may sound like small potatoes. But controversies about how the government can regulate the way that […] The post Can the Government Require Warning Labels for Veggie Burgers? appeared first on Institute for Justice.

Most people think they know what “precedent” means in the law, but the concept is actually more complicated than most realize! Precedent is ancient, but when senators are grilling judicial nominees about precedent, are they actually using the concept in a much more modern way? In today’s episode, we discuss the kinds of cases that… The post Law for Non-Lawyers: Precedent appeared first on Institute for Justice.

Most people think they know what “precedent” means in the law, but the concept is actually more complicated than most realize! Precedent is ancient, but […] The post Law for Non-Lawyers: Precedent appeared first on Institute for Justice.

Wildfires are raging across the West, and California is grappling with a record-breaking season. Why, then, does the state tell qualified firefighters that they can't […] The post California Says These Firefighters Can't Work—and the Reason Makes No Sense appeared first on Institute for Justice.

Wildfires are raging across the West, and California is grappling with a record-breaking season. Why, then, does the state tell qualified firefighters that they can’t earn a living fighting fires? The state’s irrational law barring people like IJ’s client Dario Gurrola from working isn’t the only one of its kind on the books. Learn more… The post California Says These Firefighters Can’t Work—and the Reason Makes No Sense appeared first on Institute for Justice.

Law enforcement agencies routinely seize currency from travelers at airports using civil forfeiture—a legal process that allows agencies to take and keep property without ever charging owners with a crime, let alone securing a conviction. In this episode, we discuss the real stories of victims of this abusive practice, the new IJ report—”Jetway Robbery?”—that shows just… The post How Federal Agents Can Legally Take Your Money at the Airport appeared first on Institute for Justice.