In April we celebrate Earth Day. Appropriately, this month NCLA invited distinguished guest panelist William Perry Pendley, who served as Deputy Director of the Bureau of Land Management (BLM) for Policy and Programs, to sit down with NCLA Senior Litigation Counsel Harriet Hageman for our monthly Lunch and Law panel series, “The Administrative State…

  In Federalist Number 78 Alexander Hamilton wrote about the importance of not only an independent judiciary, but one that had the courage to protect liberty. Judges, he said, have a “duty” “to declare all acts contrary to the manifest tenor of the Constitution void.” Without judges willing to do their duty, “all the reservations…

  The Seventh Amendment to the U.S. Constitution guarantees the right to a jury trial in civil suits filed in federal court. Federal officials have never liked it when the target of a federal enforcement action insists on a jury trial; they apparently fear that some juries are likely to sympathize with the defendant. So…

NCLA has filed a class-action lawsuit on behalf of housing providers who have been frozen out of state court under penalty of criminal sanction by the Center of Disease Control’s unlawful order preventing access to courts to recover property when a tenant defaults on the rent. You can read the Complaint here.  We are representing…

  Must federal courts defer to a state agency’s interpretation of federal law? Two Eighth Circuit judges say yes. Eleven Ninth Circuit judges largely ignore the issue. Only Eighth Circuit’s Judge David Stras says no. Judge Stras is right. The Eighth Circuit has agreed to hear the case en banc, so a decision will follow…

  On International Women’s Day, President Joe Biden issued an executive order “direct[ing] the Department of Education (ED) to review all of its existing regulations, orders, guidance, and policies” for the ostensible purpose of “guarantee[ing] an educational environment free from discrimination on the basis of sex….” The real focus of such “review,” however, is to…