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Deference Disregards Duty
Nathaniel Lawson
Deference is ubiquitous in modern administrative law. Chevron, U.S.A., Inc. v. NRDC, Inc. is the most cited case in administrative law and one of the most cited Supreme Court cases in history, having been cited in more than 17,428 cases and 12,879 law review articles as of June 28, 2021. Many types of judicial…
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Giving Hope to All: Adorning and Preserving Lincoln's Apple of Gold
Michael P. DeGrandis
The Constitution’s separation of powers and nondelegation doctrine aren’t important because they’re functions and products of the structure of constitutional government, ipse dixit. They are important because there’s an existential nexus between constitutional order and its role as the bulwark protecting our civil liberties. In fact, we just celebrated this nexus for the 245th…
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Administrative Law Judge, Jury and Executioner
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
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
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
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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