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Going off the Rails: The CA High-Speed Rail Authority

August 7, 2019
Gelane Diamond
Billions of dollars over budget. Years behind schedule. Hundreds of acres of land taken from Central Valley farmers, who are still waiting to receive their compensation. How did a project to build America’s first high-speed railway become such a wreck? The answer is simple: a lack of oversight exercised by the governor and legislature over…
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FINRA is a Double-Delegation Disaster

July 19, 2019
Jay Schaefer
Photo by Ajay Suresh, Rights Reserved The current nondelegation doctrine may not be long for this world, evidenced by the concurrence and dissent in this term’s Gundy v. United States. In its present iteration, the doctrine allows Congress to give away legislative authority to agencies so long as the authority is pursuant to an “intelligible principle,”…
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Petition to Amend the CFTC Rule Under Which the Agency Has Been Unconstitutionally Silencing Persons Who Enter Into Consents With CFTC

July 18, 2019
In the News
Pursuant to the Administrative Procedure Act, 5 U.S.C. § 553(e), and 7 U.S.C. §2(a)(12) and Rule 13.2 of the U.S. Commodity Futures Trading Commission (“CFTC” or “Commission”), 17 C.F.R. § 13.2, the Petitioner New Civil Liberties Alliance (“NCLA”) hereby petitions the Commission to amend its rule restricting speech that is set forth in 17 C.F.R.…
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A Farmer, An Irrigation Ditch, and the Environmental Protection Agency: What Could Possibly Go Wrong?

July 16, 2019
Harriet Hageman
David Hamilton is an engineer by training and colorful by nature.  He likes to build things and has spent his adult life creating successful natural gas processing companies and utilities in two states, as well as buying and improving farms around his hometown of Worland, Wyoming.  He is a self-taught artist, painting beautiful landscapes, portraits,…
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Bye-Bye, Buildingcrats

July 3, 2019
Madeleine Case
“I like not fair terms and a villain’s mind.” –William Shakespeare, The Merchant of Venice When I told my friend (and fellow bookworm) that Strand Bookstore had just been designated a “landmark” in New York City, my friend clapped and smiled, excited at the idea that New York could preserve the Strand forever. After all,…
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The Troubling Administrative-Law Implications of the 2020 Census Case

July 2, 2019
Adi Dynar
Photo by Quinn Dombrowski, Rights Reserved People across the political spectrum have strong opinions about whether it is a good idea to include a citizenship question on the 2020 short-form census. This blog post expresses no opinion on whether that is a good or a bad idea. Instead, it highlights some of the troubling aspects of the…
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