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Lawyers, Heal Yourselves!

Lawyers, Heal Yourselves!

  Lawyers, heal yourselves! My work at New Civil Liberties Alliance involves reining in the Administrative State. Every day brings new revelations of the vast sweep and deep tentacles of the modern Administrative State across every level of government.  Do you know...

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The Next Level of Rulemaking Madness

The Next Level of Rulemaking Madness

Despite the fact that both the Constitution and Administrative Procedure Act prohibit the practice, federal agencies often engage in the common-place tactic of issuing informal interpretations, fact sheets, and other forms of “guidance,” the practical...

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The Wholesale Nullification of FOIA

The Wholesale Nullification of FOIA

               The Freedom of Information Act, or FOIA, is one of the most important legal tools Americans have for ensuring the federal government is transparent. Given the mammoth size of the federal bureaucracy, FOIA helps inform Americans of “what...

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The SEC’s Made-up Power to Punish

The SEC’s Made-up Power to Punish

             At some point in every lawyer’s career, they become familiar with, what I call, “hallway law.” This is the set of rules that everyone seems to think apply, but don’t actually have any basis in the law. Hallway law exists merely from inertia,...

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FDA Shadow Regulations Target Fido’s Dinner

FDA Shadow Regulations Target Fido’s Dinner

Answers Pet Food, a brand created by Pennsylvania-based company Lystn to provide high quality, organic pet food, is being targeted by the U.S. Food and Drug Administration for failing to comply with an unofficial, zero-tolerance policy toward naturally occurring...

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FINRA is a Double-Delegation Disaster

FINRA is a Double-Delegation Disaster

Photo by Ajay Suresh, Rights Reserved The current nondelegation doctrine may not be long for this world, evidenced by the concurrence and dissent in this term’s Gundy v. United States. In its present iteration, the doctrine allows Congress to give away legislative...

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Bye-Bye, Buildingcrats

Bye-Bye, Buildingcrats

“I like not fair terms and a villain’s mind.” –William Shakespeare, The Merchant of VeniceWhen I told my friend (and fellow bookworm) that Strand Bookstore had just been designated a “landmark” in New York City, my friend clapped and smiled, excited at the idea that...

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Privatizing Idaho

Privatizing Idaho

Their Own Private Idaho“Something remarkable just happened in Idaho,” according to James Broughel at George Mason University’s Mercatus Center, “The state legislature opted to—in essence – repeal the entire state regulatory code.” Idaho’s new governor, Brad Little...

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Judicial Fecklessness

Judicial Fecklessness

NCLA recently had the pleasure of hosting Peter Wallison at a lunch event to discuss his new book, Judicial Fortitude: The Last Chance to Rein in the Administrative State. (You can listen to audio of the event here.) As the title suggests, Wallison argues that to rein...

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Happy Patriots Day, America!

Happy Patriots Day, America!

How the Administrative State Spawned the Granddaddy of All Patriotic Holidays Patriots Day—the granddaddy of all patriotic holidays—is today, April 19th . While it deserves national recognition, it is an official holiday in only four states. In Massachusetts, Patriots...

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