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The Constitution Protects You Even if You Don’t Know It
Caleb Kruckenberg
The problem with the Fourth Amendment is that it doesn’t really say what we want it to say. It “secure[s]” the “right of the people” “against unreasonable searches and seizures[.]” But it doesn’t say anything about our privacy. While courts have spent most of the last 50 years trying to work some sort of privacy…
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Comments in Response to Alcohol and Tobacco Tax and Trade Bureau, Treasury: Modernization of the Labeling and advertising Regulations for Wine, Distilled Spirits, and Malt Beverages
In the News
Notice No. 176: Modernization of the Labeling and Advertising Regulations for Wine, Distilled Spirits, and Malt Beverage; Docket No. TTB-2018-0007 While the Proposed Rule’s liberalization of Certificate of Label Approval (“COLA”) regulations reforms an overly burdensome regulatory system, the Labeling Rule fails to address two principal defects in the Bureau’s COLA scheme. First, at its…
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How Chilling Brewers’ Free Speech Puts the First Amendment on Ice
Michael P. DeGrandis
I’ve got a great idea. Go out and get yourself an Atlas Brew Works Blood Orange Gose (I had one while moderating our free speech event yesterday—it’s delicious!), come back to this blog, and click here to listen to NCLA’s Lunch & Law event (Happy Hour Edition, thanks to the subject matter). You’ll have a tough time deciding which…
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Privatizing Idaho
Peggy Little
Their Own Private Idaho “Something remarkable just happened in Idaho,” according to James Broughel at George Mason University’s Mercatus Center, “The state legislature opted to—in essence – repeal the entire state regulatory code.” Idaho’s new governor, Brad Little (R., Idaho), whose official biography asserts that he has advocated his whole life for limited government, has…
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Judicial Fecklessness
Steve Simpson
NCLA recently had the pleasure of hosting Peter Wallison at a lunch event to discuss his new book, Judicial Fortitude: The Last Chance to Rein in the Administrative State. (You can listen to audio of the event here.) As the title suggests, Wallison argues that to rein in our out-of-control administrative state, we need judges…
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Wait, Maybe Judges Shouldn’t Work for the Prosecutors After All
Caleb Kruckenberg
Of all the many oddities and unfairness baked into administrative proceedings, the one most surprising to casual observers (read—my wife), is the fact that many administrative law judges (ALJs) are employed by the same agency prosecuting alleged violations of law in front of them. Indeed, in the bizarre world of administrative law, one must get…
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