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Of Walpoles in Buicks: Do Courts Owe a Reciprocal Duty of Candor?
Peggy Little
“Every case lays down a rule, the rule of the case…But a later court can reexamine the case…In the extreme form this results in what is known as expressly ‘confining the case to its particular facts.’ This rule holds only of redhead walpoles in pale magenta Buick cars. And when you find this said…
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NLRB’s Prosecution of a Twitter Jokes Has Left the Third Circuit Considering Whether to Check the Agency’s Expansion of Its Enforcement Authority
Jared McClain
Photo: Ben Domenech, co-founder and publisher of NCLA client FDRLST, Media, LLC/Author: Gage Skidmore When Vox Media employees walked out during a bargaining dispute in 2019, Twitter users tweeted along. Among the commentators was Ben Domenech, the publisher of the web magazine The Federalist. He tweeted from his personal account, “FYI @fdrlst first one of…
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What Do Amtrak and Stock Exchanges Have in Common under the Constitution?
Sheng Li
NCLA’s latest “Lunch and Law” discussed its challenge in the Fifth Circuit against an Order issued by the Security and Exchange Commission (SEC) approving Nasdaq’s Board Diversity Rule, which requires Nasdaq-listed companies to satisfy gender, race, and LGBTQ+ quotas in their corporate boards or else issue an apology. Companies must also disclose statistical information regarding their…
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Mandated Covid Vaccination for Kids Is Illegal, Here's Why
In the News
The prospect of COVID-19 vaccine requirements for 5 to 11 year olds has become the latest frontier in the vaccine mandate debate, particularly since FDA gave the Pfizer-BioNTech Emergency Use Authorization (EUA) for young children this age at the end of October. Because children face an exceedingly low risk of death or severe disease from…
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A Return to Subregulatory Enforcement: Can Jury Instructions Cure the Malaise?
Kara Rollins
Photo: NCLA’s clients Micah Eldred and David Lopez, SEC v. Spartan Securities During his first days and months in office, President Biden revoked a series of Executive Orders aimed at curbing abusive administrative enforcement actions and reliance on guidance documents. The revoked EOs, and agency regulations implementing them, provided much-needed protections for regulated parties and…
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Courts Should Enforce the Rights of Veterans
Richard Samp
Throughout the past 80 years, Congress has passed a series of statutes designed to ensure that military veterans are well cared for. In recognition of Congress’s intent to help veterans, the courts have developed a well-established rule of statutory construction known as the “pro-veteran canon”: when the meaning of a statute is obscure, any…
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