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Madness and Recovery: Dr. Skoly in Court
Brian Rosner
Photo: Plaintiff Dr. Stephen Skoly “[People] it has been well said, think in herds; it will be seen that they go mad in herds, while they only recover their senses slowly, one by one.” ― Charles MacKay, Extraordinary Popular Delusions and the Madness of Crowds (1841) Proving the truth about going “mad,” Rhode Island, in response to…
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Acquitted Conduct and Sentencing Enhancements: Is a Change in Supreme Court Precedent Near?
Kara Rollins
It seems logical that a person acquitted of a crime cannot, and should not, serve time for that crime, but on the federal level, and in many states, that is not always the case. In criminal cases, an acquittal means that the government has failed to prove an essential element of its case “beyond…
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First Amendment Claimants Deserve Their Day in Court
Richard Samp
Photo: U.S. Senator Ted Cruz speaking with attendeesat the 2019 Teen Student Action Summit in Washington, D.C./Gage Skidmore McCain-Feingold, the campaign-finance legislation adopted by Congress in 2002, includes several provisions (known collectively as “the Millionaires’ Amendment”) designed to protect incumbent members of Congress facing very wealthy challengers. Among the provisions is one that limits a…
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Federal Contractors Are Not Federal Vaccine Mandate Enforcers
John J. Vecchionecategory_listCovid-19 Articles
“When all you have is a hammer every problem looks like a nail” as the old saying goes. For the Federal Government, there appears to be no statute the Office of Legal Counsel can find that does not allow it to hammer a vaccine mandate on the populace upon threat of loss of their livelihood.…
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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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