Law and Legal Policy

Law

Legal research and sometimes participation in litigation are among the tools The Heartland Institute uses to advance its mission of discovering, developing, and promoting free-market solutions to social and economic problems. Our efforts in this area are overseen by our general counsel and senior fellow for legal affairs, Maureen Martin.

The rule of law is fundamental to the operation of a free society. Without it, there can be no protection of private property and no enforcement of contracts. The alternative to ordered liberty is the use of force or fraud, the opposite of peaceful and productive cooperation.

Heartland files amicus briefs in cases where important principles of freedom are at stake. These have included cases involving the Second Amendment – the right to keep and bear arms – and environmental regulation, including the Environmental Protection Agency’s decision to regulate carbon dioxide as a “pollutant” under the Clean Air Act.

Maureen Martin writes a biweekly e-newsletter for Heartland titled Lawsuit Abuse Fortnightly, which reports on real examples of outrageous abuses of the legal system. Lawsuit abuse impose enormous financial costs on everyone. We hope that by calling out examples of such abuse, we can encourage the adoption of public policies that reduces such abuses.

Press Releases: Law

Ideas

  • Gun Rights

    In the successful McDonald v. Chicago Supreme Court Case of 2010, The Heartland Institute argued in an amicus brief that the Chicago handgun ban ordinance should be held unconstitutional. The ban has been completely ineffective in curbing handgun use in crimes of murder. And the petitioners needed to possess handguns within their own homes for self-defense.
  • Tort Reform

    The GOP clamor for “meaningful” federal tort reform in medical malpractice cases is positively deafening—drowning out consideration of what a terrible and perhaps unconstitutional idea it really is. The GOP argues tort reform would substantially reduce health care costs. They’re right—about $185 billion would be saved. But only if reform happens in the states.
  • Smoker's Rights

    There are about 47 million adult smokers in the U.S. They have been relentlessly demonized by the public health establishment and subjected to discriminatory taxes and violations of their liberties. Read why Heartland defends smokers.