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Back to the Future: Justice Jackson’s Prescient Dissent in Chenery II

By: Margaret A. Little September 24, 2021
Peggy Little
  I give up. Now I realize fully what Mark Twain meant when he said, “The more you explain it, the more I don’t understand it.” Justice Robert H. Jackson, dissenting in Chenery Corp. v. SEC, 332 U.S. 194, 214 (1947) Justice Robert H. Jackson has long been recognized as one of the best writers…
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Let’s Not Celebrate Constitution Day

September 17, 2021
Adi Dynar
  I was not born an American citizen. I chose to be one. I grew up elsewhere. Few Americans realize how intrigued the rest of the world is with America’s Independence Day and Constitution Day. Few understand the significance of the two documents the two days celebrate—if they’ve read them at all. Fewer still grasp…
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When Government Gags, Public Loses

September 10, 2021
Lauren Renslow
Freedom of speech remains a core tenet of democratic societies and free peoples. Speaking up and speaking out are always to be heralded, especially during contentious times in America. But while the freedom to speak is oft rejoiced, few realize that the interests protected by the First Amendment include the freedom to listen. When voices…
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Supreme Court Hints Eviction Moratorium Was Compensable Takings

September 2, 2021
Covid-19 Articlescategory_listSheng Li
  Last week, the Supreme Court released an eight-page per curiam opinion holding that the Centers for Disease Control and Prevention (CDC) lacked statutory authority to impose and repeatedly extend an eviction moratorium that covered most of the country. The Court reasoned that the public-health statute upon which CDC relied—which referenced measures such as “fumigation”…
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Administrative Surveillance Violates the Fourth Amendment

August 19, 2021
Max Hyams
Photo: The high-capacity freezer trawler, F/V Relentless. NCLA represents the owners in Relentless Inc. v. U.S. Dept. of Commerce Fourth Amendment rights are crucial in preventing government abuse and securing privacy. It is then of little import whether that abuse or invasion of privacy is perpetrated by local police or the IRS; in both cases,…
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The Securities and Exchange Commission Fails on 13 of 14 Counts Against NCLA Clients

August 6, 2021
John J. Vecchione
After a near decade-long Ahab-like pursuit alleging NCLA clients Spartan Securities Group, Island Stock Transfer, principals Carl Dilley, Micah Eldred, and Dave Lopez were knowingly involved in a massive fraud involving creating fake “shell” companies, SEC lost its entire case against Mr. Lopez, and all but one relatively minor civil charge against Spartan, Island, Mr.…
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