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Petition to Amend the CFTC Rule Under Which the Agency Has Been Unconstitutionally Silencing Persons Who Enter Into Consents With CFTC

July 18, 2019
In the News
Pursuant to the Administrative Procedure Act, 5 U.S.C. § 553(e), and 7 U.S.C. §2(a)(12) and Rule 13.2 of the U.S. Commodity Futures Trading Commission (“CFTC” or “Commission”), 17 C.F.R. § 13.2, the Petitioner New Civil Liberties Alliance (“NCLA”) hereby petitions the Commission to amend its rule restricting speech that is set forth in 17 C.F.R.…
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A Farmer, An Irrigation Ditch, and the Environmental Protection Agency: What Could Possibly Go Wrong?

July 16, 2019
Harriet Hageman
David Hamilton is an engineer by training and colorful by nature.  He likes to build things and has spent his adult life creating successful natural gas processing companies and utilities in two states, as well as buying and improving farms around his hometown of Worland, Wyoming.  He is a self-taught artist, painting beautiful landscapes, portraits,…
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Bye-Bye, Buildingcrats

July 3, 2019
Madeleine Case
“I like not fair terms and a villain’s mind.” –William Shakespeare, The Merchant of Venice When I told my friend (and fellow bookworm) that Strand Bookstore had just been designated a “landmark” in New York City, my friend clapped and smiled, excited at the idea that New York could preserve the Strand forever. After all,…
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The Troubling Administrative-Law Implications of the 2020 Census Case

July 2, 2019
Adi Dynar
Photo by Quinn Dombrowski, Rights Reserved People across the political spectrum have strong opinions about whether it is a good idea to include a citizenship question on the 2020 short-form census. This blog post expresses no opinion on whether that is a good or a bad idea. Instead, it highlights some of the troubling aspects of the…
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The Constitution Protects You Even if You Don’t Know It

June 27, 2019
Caleb Kruckenberg
The problem with the Fourth Amendment is that it doesn’t really say what we want it to say. It “secure[s]” the “right of the people” “against unreasonable searches and seizures[.]” But it doesn’t say anything about our privacy. While courts have spent most of the last 50 years trying to work some sort of privacy…
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Comments in Response to Alcohol and Tobacco Tax and Trade Bureau, Treasury: Modernization of the Labeling and advertising Regulations for Wine, Distilled Spirits, and Malt Beverages

June 25, 2019
In the News
Notice No. 176: Modernization of the Labeling and Advertising Regulations for Wine, Distilled Spirits, and Malt Beverage; Docket No. TTB-2018-0007 While the Proposed Rule’s liberalization of Certificate of Label Approval (“COLA”) regulations reforms an overly burdensome regulatory system, the Labeling Rule fails to address two principal defects in the Bureau’s COLA scheme. First, at its…
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