ACS Issue Briefs

See below all issue briefs since January 2017. Click here for past issue briefs.

To Save and Not to Destroy: Severability, Judicial Restraint, and the Affordable Care Act

When a statute is partially unconstitutional, courts must endeavor to save, not destroy, the rest of the law,” explains David Gans, Director of the Human Rights, Civil Rights, and Citizenship Program at the Constitutional Accountability Center in a new ACS issue brief.

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No Exit: Understanding Employee Non-Competes and Identifying Best Practices to Limit Their Overuse

Evidence suggests that in the past decade employers’ use of non-compete agreements to restrict where and when departing employees can work has been far broader than is necessary or legally permissible, with research showing that two in five workers, or 40 percent of the U.S. labor force, are bound by a non-compete at some point in their careers.

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Racial Exclusion Through Crime-Free Housing Ordinances

Housing policy in the United States has created and preserved racial segregation and exclusion, from explicit Jim Crow-era racial zoning laws and racially restrictive covenants to the facially neutral yet racially biased policies of exclusionary zoning and redlining that arose in the 20th century. 

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Protecting Digital Data at the U.S. Border

Given “the unprecedented and significant privacy interests travelers have in their electronic devices,” Sophia Cope argues that U.S. border agents should be required to obtain a warrant before searching a traveler’s digital data when it crosses the border.

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