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The SEC’s Made-up Power to Punish
Caleb Kruckenberg
At some point in every lawyer’s career, they become familiar with, what I call, “hallway law.” This is the set of rules that everyone seems to think apply, but don’t actually have any basis in the law. Hallway law exists merely from inertia, but it can be very difficult…
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Comments in Response to the New York State Education Department's Proposed Regulation: Substantially Equivalent Instruction for Nonpublic School Students
In the News
Re: I.D. No. EDU-27-19-00010-P: Substantially Equivalent Instruction for Nonpublic School Students In NCLA’s view, the Department must withdraw the Substantial Equivalency Rule because it violates the New York State and United States Constitutions in at least two ways. First, NYSED may not dictate to private and parochial schools, or their teachers, parents, or guardians, what…
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Merck & Co. v. HHS: Is There a Tao of Chevron?
Michael P. DeGrandis
Taoism is a Chinese philosophy that is often represented by the yin-yang—a symbol of contrasting opposites in perfect balance with each other. From the Taoist perspective, “day” is only “day” in relationship to the night. In other words, all things are interdependent, so life must be lived in balance. While Taoism doesn’t directly address the…
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Comments in Response to the Department of Health and Human Services: Proposed Rule for Nondiscrimination in Health and Health Education Programs and Activities
In the News
Re: Nondiscrimination in Health and Health Education Programs or Activities, Docket No.: HHS-OCR-2019-0007 According to the Executive Summary published in the Federal Register related to the Proposed Rule, “Section 1557 of the Patient Protection and Affordable Care Act (‘PPACA’) prohibits discrimination on the basis of race, color, national origin, sex, age, or disability under any…
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Deference to the Bureau of Prisons Results in Time Lost for Thousands Under Its Custody
Haley Connor
The rule of lenity requires that if a criminal statute is ambiguous, courts must interpret the ambiguity in a manner favorable to the defendant. There are two primary reasons for the rule of lenity. First, criminal laws must provide people with fair notice so people can live by the law. Second, it is the legislature’s…
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FDA Shadow Regulations Target Fido’s Dinner
Ethan Beck
Answers Pet Food, a brand created by Pennsylvania-based company Lystn to provide high quality, organic pet food, is being targeted by the U.S. Food and Drug Administration for failing to comply with an unofficial, zero-tolerance policy toward naturally occurring strands of salmonella in minimally processed pet foods. The FDA refers to the policy as “guidance.”…
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