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Administrative Law Judge, Jury and Executioner

July 2, 2021
In the News
  Author: NCLA Legal Intern Max Hyams Second only to the niceties of how a bill becomes a law, the three branches of government and the manner in which their separate functions safeguard liberty are seared into the mind of every American, due to their halcyon days in civics class watching “Schoolhouse Rock.” Unfortunately, many…
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Suffer the Little Children to Pull Off their Handlers’ Constitutional Coup d’Etat

By: Margaret A. Little June 25, 2021
Peggy Little
  One of the more disturbing tactics of the plaintiffs’ bar when advancing novel theories in mass tort and climate litigation is to put children in the vanguard of their pleading and media storm. The all-too-successful ploy draws media and public sympathy for what are otherwise meritless legal claims. This technique dates back at least…
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Good-bye, Morrison v. Olson

June 25, 2021
Richard Samp
  United States v. Arthrex, last week’s much-anticipated Supreme Court decision which concluded that the Patent and Trademark Appeal Board (PTAB) is unconstitutionally structured, is unlikely to have a major impact on PTAB operations. The Court “fixed” the constitutional violation by adding an extra step to the administrative review process, thereby permitting PTAB for the…
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It’s Time for Supreme Court to Restore Uniformity to How Courts Apply Sentencing Guidelines

June 18, 2021
Jared McClain
If Marcus Broadway lived in Tennessee, across the state line from his home in Arkansas, his federal prison sentence would be half as long. The same goes for Zimmian Tabb, who was arrested on the wrong side of the George Washington Bridge in New York. Both men were among the 2,000 federal defendants sentenced each…
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NLRB Attempts to Censor Speech—Again

June 11, 2021
In the News
Author: NCLA Legal Intern Christian Clase Elon Musk is well-acquainted with the Administrative State’s obsession with his tweets. The Tesla CEO, already the subject of various Securities and Exchange Commission proceedings based on prior tweets, has drawn the interest of the National Labor Relations Board (NLRB) for questioning the benefits of union membership on Twitter.…
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You Need a Court Order for That - IRS Seizes Private Financial Information of Cryptocurrency Holders

June 4, 2021
NCLA
  Cryptocurrency use has burst into the mainstream. Once perceived as complex and confusing, digital currency has quickly become a staple asset in many investors’ portfolios. Today, tens of millions of Americans own cryptocurrency as a means to diversify their holdings and improve their financial security. And millions more will buy cryptocurrency in the coming…
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