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Bad Regulations Destroy Our Environment

Bad Regulations Destroy Our Environment

  One fundamental problem with having agencies in Washington, DC issue thousands of regulations that apply to everyone and everywhere in the country is that there is simply no way for them to consider the thousands of ways in which their one-size-fits-all...

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Is Thunder Basin Inescapable?

Is Thunder Basin Inescapable?

Author: NCLA Legal Intern Bradley Larson It is a mainstay of the American legal system that people can bring their grievances in front of an impartial judge and obtain “equal justice under law.” However, 26 years ago, in an obscure case called Thunder Basin Coal Co....

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Deference in a Pandemic

Deference in a Pandemic

As the nation’s struggle to contain COVID-19 continues into the latter half of 2020, Congress is considering a second major stimulus package to stem the flow of financial (and human) suffering across the sinking economy. The first stimulus package—the CARES Act—was...

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Trump’s “Regulatory Bill of Rights”: OIRA’s Implementing Memorandum is Heading in the Right Direction

Trump’s “Regulatory Bill of Rights”: Where to Go Next

In a previous post, we discussed the new and welcome regulatory changes made by President Trump in Executive Order 13924 last month, a significant victory for civil liberties. But while excitement is warranted for these positive developments, many further reforms, such as objective and enforceable limits delivering upon the principles affirmed in the Order, will be needed to secure these principles in practice.

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Skidmore on Skids

Skidmore on Skids

Indian River County, Florida v. Department of Transportation presents a dangerous case of the D.C. Circuit putting the skids under Skidmore deference. If allowed to stand, the D.C. Circuit’s decision would make Skidmore more deferential than Kisor and Chevron.

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Trump’s “Regulatory Bill of Rights”: OIRA’s Implementing Memorandum is Heading in the Right Direction

Trump’s “Regulatory Bill of Rights”: A Good Start

Executive Orders are one source of egregious expansions of administrative power, and NCLA litigators frequently challenge unconstitutional exercises of lawmaking by executive fiat. For example, see NCLA’s recent amicus brief challenging the authority of the Department of Labor to develop and use a non-statutory enforcement regime under the auspices of Executive Order 11246.

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Ray Lucia’s Mythic Lift

Ray Lucia’s Mythic Lift

Ten years ago, Ray Lucia was a successful San Diego-based financial advisor who through in-person seminars, webinars, books, radio and TV appearances promoted an uncontroversial and academically recognized method of savings for retirement. His “buckets of money”...

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The Constant Need to Check the Government

The Constant Need to Check the Government

  Most people have heard that “absolute power corrupts absolutely,” but we have to worry before corruption is absolute. Seemingly small, every-day abuses of power can have real effects on our lives and can slowly chip away at our resolve and our faith in...

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