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What Do Burger King, Ford Motor Co., and NLRB Have in Common?
In the News
Can a court force you to defend yourself against a lawsuit thousands of miles away in a place where something you made, created or said just happened to end up? The Supreme Court may answer this critical question in Ford Motor Co. v. Bandemer, consolidated with Ford Motor Co. v. Montana Eighth Judicial District. In…
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Senate Judiciary Committee Supreme Court Confirmation Hearings: Two Guideposts
Adi Dynar
On November 2, 2020, Justice Amy Coney Barrett participated in her first two oral arguments as an Associate Justice of the Supreme Court of the United States. Over the next few decades, she will get to ask incisive questions during oral argument to help her decide cases that will come before the Court. Only…
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Bad Regulations Destroy Our Environment
Harriet Hageman
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 approach can go wrong. One area especially rife with peril is in the…
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An Insidious Consequence of the FTC’s Use of Section 13(b) Injunctions: Denial of Counsel
John J. Vecchione
I’ve previously written on the Supreme Court’s taking two cases involving the extent of the Federal Trade Commission’s (FTC) ability to seize property of all kinds under Section 13(b) of the FTC Act. Those cases, FTC v. Credit Bureau Center, LLC, CA19-825, and AMG Capital Management, LLC et al. v. FTC, CA19-508, have been combined before the Court, and NCLA…
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Trump’s “Regulatory Bill of Rights”: OIRA’s Implementing Memorandum is Heading in the Right Direction
Kara Rollins
Over the summer I wrote about Executive Order 13924, which attempts to lessen the administrative burdens faced by private individuals and businesses by reining in the administrative state. In addition to directing agencies to rescind, modify, or waive regulations that may hamper economic recovery from the COVID-19 pandemic, section 6 of the Order also…
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Some Thoughts on the Nomination of Judge Amy Coney Barrett
Peggy Little
So, we have a nominee for the Supreme Court, Amy Coney Barrett, and, as with all such nominations, the prognosticators, pundits, and public want to know how this candidate will approach the issues they believe the Supreme Court is most likely to hear in coming years. Misinformation abounds. The cognoscenti know that abortion will…
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