William C. Duncan
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The hidden directives that issue from D.C.
The Legislature has passed a bill requiring Utah agencies to publish guidance they receive from federal agencies. A new Sutherland/Y2 survey suggests strong support for this approach.
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A deeper look at Utah voters’ support for requiring app stores to verify age
The Legislature’s app store bill was approved unanimously by a Senate committee and by the full Senate on a vote of 24-1. It will go to the Utah House next.
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Original public meaning, not subjective intent, should guide Utah judge’s evaluation of scholarship law
The court can make a great contribution by getting the legal issues right.
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Utah considers a modest step in restoring federalism – and more can be done
Utah has an opportunity to strengthen the framers’ vision with a bill aimed at restoring some of the much-needed balance between the states and Washington.
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Scholarship lawsuit might be looking for (legal) meaning in all the wrong places
“Original public meaning” is the best standard for understanding the law. It focuses on the actual language of the law, not on the subjective intent of those who had a role in creating it.
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Why the Ninth Circuit unanimously tossed the Huntsman tithing lawsuit
Four judges in concurring opinion say the case was a “transparent fight about the current course of the Church masquerading as a civil lawsuit.”
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More state control will mean less catastrophic wildfire
Congress should amend the law to encourage public land agencies to gradually transfer land that is not dedicated as a national park or a similar federal purpose to the states.
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Understanding Utah’s app store bill
Given the risk of social media and other technologies to children, it is reasonable for Utah to ensure parents can be involved in decisions about their use.
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New Supreme Court case at intersection of religion and parents’ rights in education
Despite state law, Maryland school district declined to give parents notice of teaching of sensitive sexuality-related topics and the ability to opt their children out. The parents sued.
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The State of Federalism in Utah: Progress and Potential
Utah ranks first in the 2023 Federalism Scorecard, which identifies 20 indicators of the balance of power, but falls far short of perfect. This report – an audit of how well Utah measures up on each of those indicators –…