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Letter to the City of Daytona Beach Police Department: Unlawful Use of Unmanned Drones

April 24, 2020
In the News
Re: Unlawful Use of Unmanned Drones NCLA submits the following letter urging the City of Daytona Beach Police Department to immediately cease its use of unmanned drones to monitor the temperatures of its residents for signs of fever. This practice violates clear constitutional limits and is an affront to the privacy of innocent members of…
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Administrative Agency “Excursions” Are Not OK in Arizona

April 19, 2020
Adi Dynar
  The Arizona Court of Appeals in late March decided an important case: Enterprise Life Insurance Company et al. v. ADOI. The decision helps Arizonans maintain control over their choice of health insurance. But the decision is also important because it marks a clean path to present nondelegation and separation-of-powers challenges under the Arizona Constitution.…
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Disgorging an Unwarranted Seizure of Power in the Ninth Circuit

April 16, 2020
John J. Vecchione
  “L’audace, l’audace, toujours l’audace” was the famous watchword of Napoleon, later adopted by Patton, to describe their belief in attack over defense. The French phrase meaning “Audacity, Audacity always Audacity” is becoming the slogan of more than one firm embroiled in conflict with the Federal Trade Commission (“FTC”). We previously wrote about the Axon…
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Letter to USDA and FNS: Easing Dangerous Regulatory Burdens for the Emergency Food Assistance Program

April 8, 2020
In the News
Re: Easing Dangerous Regulatory Burdens for the Emergency Food Assistance Program NCLA submits the following letter urging the United States Department of Agriculture (USDA) and the Food and Nutrition Service (FNS) to ease certain regulatory burdens associated with your implementation of the Emergency Food Assistance Program (TEFAP) in light of serious health and safety concerns…
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Living With New Realities During the COVID-19 Pandemic

April 2, 2020
Kara Rollinscategory_listCovid-19 Articles
  The ongoing national emergency is still too new and too fluid for any of us to glean much beyond the obvious—wash your hands, stay inside, and practice kindness and grace toward others. But that has not stopped prognosticators from discussing what a post-COVID-19 nation and world will look like. For some, the answer appears…
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COVID-19 Executive Orders: Read the Fine Print

March 27, 2020
Caleb Kruckenbergcategory_listCovid-19 Articles
  Many of us have heard the adage that “hard cases make bad law,” but a more apt description might be “emergencies create worse law.” In an emergency, we often expect our government to do something to help us. Sometimes, though, that something is worse than the emergency. With the world reeling from the novel…
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