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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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To Mandate or Not to Mandate: History Will Not Judge Us Kindly
Harriet Hagemancategory_listCovid-19 Articles
Photo: (left to right) NCLA Senior Litigation Counsel Harriet Hageman, NCLA client Jeanna Norris, and NCLA Litigation Counsel Jenin Younes stand on the steps of the U.S. District Court for the Western District of Michigan immediately after the hearing. MSU’s stated goal for adopting its vaccine mandate is to keep people safe from COVID-19. The…
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Mutually Assured Liberty: Generational Reciprocity and the Constitution
Michael P. DeGrandis
In my July 9, 2021 blog post, I examined the nexus between the Declaration of Independence, which pronounced the liberty-to-all principle that chartered the American nation, and the Constitution, which is the vehicle through which the Framers chose to achieve the liberty-to-all charter’s ideal. I argued that adherence to the Constitution’s structure, such as…
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Back to the Future: Justice Jackson’s Prescient Dissent in Chenery II
Peggy Little
I give up. Now I realize fully what Mark Twain meant when he said, “The more you explain it, the more I don’t understand it.” Justice Robert H. Jackson, dissenting in Chenery Corp. v. SEC, 332 U.S. 194, 214 (1947) Justice Robert H. Jackson has long been recognized as one of the best writers…
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Let’s Not Celebrate Constitution Day
Adi Dynar
I was not born an American citizen. I chose to be one. I grew up elsewhere. Few Americans realize how intrigued the rest of the world is with America’s Independence Day and Constitution Day. Few understand the significance of the two documents the two days celebrate—if they’ve read them at all. Fewer still grasp…
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When Government Gags, Public Loses
Lauren Renslow
Freedom of speech remains a core tenet of democratic societies and free peoples. Speaking up and speaking out are always to be heralded, especially during contentious times in America. But while the freedom to speak is oft rejoiced, few realize that the interests protected by the First Amendment include the freedom to listen. When voices…
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