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The SEC’s Other ‘Hotel California’ Docket

The SEC’s Other ‘Hotel California’ Docket

  In an op-ed published last fall by Law360, I called out the Securities and Exchange Commission (SEC) for its appalling dereliction of duty in refusing to decide administrative appeals from enforcement sanctions imposed by the agency’s administrative law judges...

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Regulator, Regulate Thyself!

Regulator, Regulate Thyself!

  Approximately 111.7 million Americans are cyber-attacked each year. More than 80% of all American firms report that they have been successfully hacked, with 43% of those cyber attacks targeting smaller businesses. Those breaches of security grow in frequency,...

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Liberty Means a Trial by Jury

Liberty Means a Trial by Jury

  When the people of several states presented our Constitution for ratification in 1787, one issue nearly derailed the adoption of the nation’s charter. The Anti-Federalists vehemently objected to the lack of a guarantee for a civil jury in the proposed document....

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What Has the FTC Got Against Vitamins?

What Has the FTC Got Against Vitamins?

  Precision Patient Outcomes, Inc. (PPO) and its principal, Margrett Lewis, are being sued in San Francisco by the Federal Trade Commission (FTC) for selling and marketing high-quality dietary supplements and providing consumers with information that the vitamins...

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Closing the Circle

Closing the Circle

As the Wall Street Journal recently noted, the FTC’s recent lawsuit against Walmart raises a fundamental constitutional issue regarding the FTC’s authority to initiate lawsuits. The point at issue concerns Congress’s authority to limit the President’s power to remove...

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Brave Citizens vs. SEC Overreach

Brave Citizens vs. SEC Overreach

Because our elected branches of government can’t always be trusted to zealously keep one another in check, litigation by individual private citizens has long been among the most effective ways to enforce separation of powers and other structural constitutional boundaries. At least four recent cases involving the Securities and Exchange Commission underscore the power these courageous citizens can unleash by standing up to administrative overreach.

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Undercover Threat: The Intersection of the Administrative State and the First Amendment

Undercover Threat: The Intersection of the Administrative State and the First Amendment

The Fourth Amendment protects Americans against unreasonable searches and seizures by the government. Absent exigent circumstances or consent, police must obtain judicial authorization (a warrant) to enter a home. As the Supreme Court has repeatedly stated, for example in Riley v. California, the sanctity of a person’s home is among an individual’s core privacy interests.

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The Collision of Administrative Law and Civil Liberties

The Collision of Administrative Law and Civil Liberties

The Fourth Amendment protects Americans against unreasonable searches and seizures by the government. Absent exigent circumstances or consent, police must obtain judicial authorization (a warrant) to enter a home. As the Supreme Court has repeatedly stated, for example in Riley v. California, the sanctity of a person’s home is among an individual’s core privacy interests.

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SCOTUS Must Limit Unwarranted Searches to Preserve 4th Amendment Protections

SCOTUS Must Limit Unwarranted Searches to Preserve 4th Amendment Protections

The Fourth Amendment protects Americans against unreasonable searches and seizures by the government. Absent exigent circumstances or consent, police must obtain judicial authorization (a warrant) to enter a home. As the Supreme Court has repeatedly stated, for example in Riley v. California, the sanctity of a person’s home is among an individual’s core privacy interests.

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Ill-Considered Decision Revives Judicial Misconduct Complaint

Ill-Considered Decision Revives Judicial Misconduct Complaint

The unconstrained attack on the federal judiciary by Democratic members of Congress is in full swing. That effort was abetted last week by an ill-considered decision by the Committee on Judicial Conduct and Disability of the Judicial Conference of the United States. The Committee revived a judicial misconduct complaint against two federal judges and directed the formation of a “special committee” to conduct a “thorough[] and careful[]” factual investigation.

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