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Romeril v SEC Motion For Relief From Judgment

May 6, 2019
In the News
Defendant Barry D. Romeril hereby moves pursuant to Fed. R. Civ. P. 60(b)(4) for relief from Judgement entered on June 16, 2001 as incorporating a void and unconstitutional prior restraint on speech in violation of the First Amendment of the United States Constitution and controlling Second Circuit case law, and for other reasons more fully…
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Happy Patriots Day, America!

April 19, 2019
Michael P. DeGrandis
How the Administrative State Spawned the Granddaddy of All Patriotic Holidays Patriots Day—the granddaddy of all patriotic holidays—is today, April 19th . While it deserves national recognition, it is an official holiday in only four states. In Massachusetts, Patriots Day is observed on the third Monday in April and it is celebrated with the running…
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Comments in Response to the U.S. Sentencing Commission: Proposed Amendment for Sentencing Guidelines

February 19, 2019
In the News
Sentencing Guidelines for the Court; Proposed Amendment 2018-27505 Amending § 4B1.2 NCLA applauds the Sentencing Commission’s desire to rectify serious issues pertaining to the Guidelines. NCLA does not take a position regarding the appropriate definition of the terms “crime of violence” or “controlled substance offense” or whether a categorical approach should be utilized. Id. at 65401.…
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Comments in Response to the Department of Education's Proposed Rule: Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance

January 30, 2019
In the News
Re: Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, Docket Number ED-2018-OCR-0064 NCLA sincerely appreciates this opportunity to comment and express its concerns about the Proposed Rule. NCLA abhors unequal treatment on the basis of sex, particularly when it involves sexual harassment or assault. NCLA likewise laments the…
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Petition for Rulemaking: Promulgate Regulations Prohibiting the Issuance, Reliance On or Defense of Improper Agency Guidance

December 20, 2018
In the News
Re: Petition for Rulemaking to Promulgate Regulations Prohibiting the Issuance, Reliance on, or Defense of Improper Agency Guidance As the petition sets out in detail, NCLA  asks DOT to cease its ad hoc promulgation of guidance by which DOT or the agencies under its auspices seek to bind private parties with the force of law. By…
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Comments in Response to HHS, CMS: Regulation to Require Drug Pricing Transparency

December 17, 2018
In the News
Re: Medicare and Medicaid Programs; Regulation to Require Drug Pricing Transparency Proposed Rule CMS-4187-P The Drug Pricing Rule is fatally flawed in two principal ways. First, CMS lacks the statutory authority to regulate the subject matter of the proposed Rule, pharmaceutical market efficiency. Second, even if CMS has the authority to regulate the subject matter,…
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