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Beware “Harvard Deference”: Judicial Deference and Race-Based Admissions

June 24, 2022
Kyle Atwood
Photo: Widener Library, Harvard University   Should courts defer to a university’s decision to base admissions decisions on the race of applicants? That issue is likely to be addressed in the upcoming Students for Fair Admissions v. Harvard and University of North Carolina cases, which the Supreme Court has agreed to hear in its 2022-23…
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DHS Disinformation Board Paused, Government Urge to Censor Continues

June 20, 2022
Brian Rosner
Photo: Nina Jankowicz, Former Executive Director of the Disinformation Governance Board, at the U.S. Embassy Vienna, October 10, 2019   So, she is gone. The Minister of Disinformation has resigned. Whether any factor alone could have done her in—what apparatchik could survive being lampooned as both a Goebbelsesque Mary Poppins and a feminine Big Brother—the combination…
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The Thing No One Is Talking About Post-AMG

By: Kara Rollins June 10, 2022
Kara Rollins
Photo: The Apex Building, headquarters of the Federal Trade Commission, on Constitution Avenue and 7th Streets in Washington, D.C.   A little over a year ago, the Supreme Court issued a unanimous decision in AMG Capital Management, LLC v. Federal Trade Commission. In that case, the Court determined that Section 13(b) of the Federal Trade…
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Judge Jones Stands Up for Separation-of-Powers Principles

June 6, 2022
Richard Samp
Photo: Adam Fagen Defenders of the administrative state have long contended that the Government runs much more smoothly when professional bureaucrats are granted free rein to act in “the public interest,” unconstrained by political forces that they fear are, all too often, dominated by “special interests.” That belief led in 2010 to creation of the…
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SEC’s Board Diversity Rules—An Unholy Alliance of Government and Industry Evading the Constitution

By: Margaret A. Little April 8, 2022
Peggy Little
  When did it become acceptable to ask people about their race, gender identification, and sexual preferences when determining their qualifications to do a job? If the SEC—and the stock exchange it supervises, Nasdaq—have their way, the answer is quickly forthcoming: in the retrograde year 2021 when selecting people to serve on boards of directors…
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Justice Gorsuch Embraces the Rule of Lenity—and Underscores Textualism’s Modest Goals

March 24, 2022
Richard Samp
  In its decision earlier this month in Wooden v. United States, 142 S. Ct. 1063 (2022), the Supreme Court had little difficulty rejecting the Solicitor General’s expansive interpretation of the Armed Career Criminal Act (ACCA). That statute mandates a 15-year minimum sentence for felons who violate firearms-possession bans and who have at least three…
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