ACS Issue Briefs

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


How Section 230 Enhances the First Amendment

Professor Eric Goldman of Santa Clara University School of Law explores how the CDA’s liability shield interacts with and enhances the First Amendment’s free speech guarantee.

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The People’s Lawyer, for All the People: State Attorneys General and Immigrants’ Rights

June 25, 2020 The heart of a state attorney general’s mission is to serve the public interest. With broad jurisdiction that varies from state to state, they play a crucial role in upholding the rule of law and protecting the rights, health, and safety of their states’ residents. In a new ACS Issue Brief, Terri […]

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The U.S. Constitution Meets Democratic Theory:  The Puzzling Cases of Puerto Rico and D.C.

In a new ACS Issue Brief, professors Guy-Uriel Charles, Edward and Ellen Schwarzman Professor of Law at Duke University Law School, and Luis Fuentes-Rohwer, Professor of Law and Class of 1950 Herman B Wells Endowed Professor at Indiana University Maurer School of Law, examine the case for statehood for the District of Columbia and Puerto Rico. “The harsh reality,” they contend, is that “[t]he present treatment of territorial and ‘seat of government’ residents is hard to square with our modern democratic commitments. … While statehood need not be the required solution, a solution is necessary.”

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The Aftermath of Janus v. AFSCME: An Ongoing Assault on Public Sector Unions

February 25, 2020 With the Supreme Court having overruled precedent and declared public sector “fair share” fees unconstitutional in Janus v. AFSCME, anti-union forces now have a new target: repayment of the fees paid to unions prior to the 2018 decision. Arguing that Janus should be retroactive, these advocates are seeking “millions of dollars from public sector […]

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