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Judges Swallowing Their Whistle

Judges Swallowing Their Whistle

  There’s a frustrating phenomenon in sports where referees will “swallow their whistles” in a close game. At a pivotal moment, a referee will fail to call a foul to avoid the appearance that the refs determined the outcome of the game. The logical fallacy the...

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Packing the Court: A Bad Idea Then and Now

Packing the Court: A Bad Idea Then and Now

  The issue of packing the Supreme Court is generating a lot of attention these days—often of the comic sort, if you enjoy watching Democratic candidates from President-elect Biden to the current Georgia runoff candidates bob and weave while not answering the...

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Bad Regulations Destroy Our Environment

Bad Regulations Destroy Our Environment

  One fundamental problem with having agencies in Washington, DC issue thousands of regulations that apply to everyone and everywhere in the country is that there is simply no way for them to consider the thousands of ways in which their one-size-fits-all...

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Is Thunder Basin Inescapable?

Is Thunder Basin Inescapable?

Author: NCLA Legal Intern Bradley Larson It is a mainstay of the American legal system that people can bring their grievances in front of an impartial judge and obtain “equal justice under law.” However, 26 years ago, in an obscure case called Thunder Basin Coal Co....

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Deference in a Pandemic

Deference in a Pandemic

As the nation’s struggle to contain COVID-19 continues into the latter half of 2020, Congress is considering a second major stimulus package to stem the flow of financial (and human) suffering across the sinking economy. The first stimulus package—the CARES Act—was...

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Trump’s “Regulatory Bill of Rights”: OIRA’s Implementing Memorandum is Heading in the Right Direction

Trump’s “Regulatory Bill of Rights”: Where to Go Next

In a previous post, we discussed the new and welcome regulatory changes made by President Trump in Executive Order 13924 last month, a significant victory for civil liberties. But while excitement is warranted for these positive developments, many further reforms, such as objective and enforceable limits delivering upon the principles affirmed in the Order, will be needed to secure these principles in practice.

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