NCLA is fighting on the front lines of cutting-edge administrative law litigation–and you have an opportunity to be a part of that fight!  NCLA is the nation’s only public interest law firm dedicated solely to litigating administrative law issues and restoring respect for our civil liberties.  A clerkship with NCLA is an unparalleled opportunity…

  One of the most pernicious tools used by the administrative state is the court-created doctrine of agency “deference.” Roughly, this doctrine says that administrative agencies are entitled to interpret ambiguous laws any way they want, and courts are required to accept that interpretation even if the court wouldn’t read the law the same way.…

  There is a case of importance and promise for injecting Constitutional protections in proceedings by administrative agencies. Faced with a recalcitrant Federal Trade Commission (“FTC”), AXON Enterprises, Inc. (“AXON”) sued the FTC in federal court on January 3, 2020 seeking declaratory and injunctive relief from the process that the FTC plans to use against…

In Brady v. Maryland, the Supreme Court first recognized that a defendant’s due process rights are violated when a prosecutor fails to disclose material exculpatory evidence, evidence tending to show that a defendant is not guilty of a crime or punishment. The Brady Court found that criminal defendants have a constitutional right to the disclosure…

Secretary of Interior David Bernhardt has been working for over six months to relocate certain senior Bureau of Land Management (BLM) personnel out of Washington, DC to offices located in the interior west.  As a native Wyomingite I can speak from personal experience that this is the correct move, although long overdue, providing me with…

The more laws, the less justice.  Cicero Imagine if your Senator or Congressman proposed a law that required every American to turn over to the government data for every single trade they made in the market. Your broker could not opt out, nor could you, unless you stopped investing your money in U.S. exchanges.  All…