William C. Duncan
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Protecting Essential Institutions: Why Religious Freedom and Parental Rights Matter
Parents are in a unique position of understanding their children, but they also have an “investment” that others do not.
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The Supreme Court Stands Up for Donor Privacy
The U.S. Supreme Court recently decided a case protecting the freedom of association for nonprofit organizations.
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A “Universal” Preschool Program That Excludes Religious Schools Isn’t Universal at All
Can a state condition participation in a universal preschool program on a school’s willingness to compromise parts of its religious mission?
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Transparency is a constitutional check on federal agency power
Agencies have developed a practice of publishing enforcement manuals and sending letters and similar communications to explain how they understand the law, and by implication, how they plan to enforce it.
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Free speech, not politics: Why the Supreme Court rejected Colorado’s counseling law
The Court’s decision in Colorado prioritized the Constitution over policy preferences and protected the integrity of our system.
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The DOJ’s voter roll demand has a federalism problem
The DOJ’s attempt to obtain state voter registration information is hard to square with the constitutional arrangement.
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Fair Treatment of Religious Organizations Act: Protecting religious freedom at the national level
This type of national legislation is an important supplement to state efforts, which cannot address disparate treatment of religious organizations by federal agencies.
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Hidden Signals: Creating Transparency in Agency Guidance
This report describes agency guidance and its legal and practical significance, including legal concerns about its use.
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Does the most religious state need religious freedom protections?
In the recently concluded session of Utah’s legislature, three bills aimed at protecting religious freedom were approved. Why would the leaders of a highly religious community need religious freedom protections?
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Religious Giving: The Social Benefits of Religion, Volume 6
Religious belief and practice have historically played a central role in shaping the development of philanthropy, charitable institutions, and a broader culture of giving in the United States and internationally.