by William C. Duncan | May 16, 2024
School choice case: Unpopular doesn’t mean unconstitutional Written by Within legal limits, political protests are commonly held on public property. Recent protests at local public universities are an example. This type of demonstration is a way in which...
by William C. Duncan | May 9, 2024
What does the U.S. Constitution say about political protests? Written by Protests and protesting, it seems, are (pardon the pun) all the rage now. Even the president of the United States has weighed in on the most high-profile campus protest, at Columbia University,...
by William C. Duncan | May 2, 2024
Protecting property rights against government overreach Written by William C. Duncan Property and business owners interact with government regulations in a wide variety of settings. The Framers of the Constitution recognized that government actions, particularly...
by William C. Duncan | Apr 26, 2024
Looking at Supreme Court and religious freedom through the lens of the presidential campaign Written by William C. Duncan The headline of a recent satirical article highlighted the unusual nature of the 2024 presidential election: “America Honors Earth Day By...
by William C. Duncan | Apr 24, 2024
Ignoring the text of the Constitution is a mistake Written by Originally published in Deseret News. Just short of two years after retiring from the U.S. Supreme Court, former Justice Stephen Breyer is advancing a critique of the court that belies its true purpose....
by William C. Duncan | Apr 17, 2024
Here’s why the First Amendment’s religion clauses are not in conflict Written by One of the more novel (and controversial) religious cases now pending involves a challenge to a decision by Oklahoma’s Charter School Board to allow a charter school that would be...
