It’s become trendy to vilify landlords in the time of COVID-19, with calls for rent strikes and vocal critics accusing landlords of preying on those worst affected by the economic downturn. Of course, residential landlords often are making payments of their own on property, and, far from the stereotype, nearly half of residential landlords…

Yesterday, the Southern District of New York validated a (defective, IMHO) civil investigative demand (CID)—an administrative subpoena for documents and information—from NCLA’s client, the Law Offices of Crystal Moroney, P.C. It did so over a number of objections, the primary one being that the Consumer Financial Protection Bureau (CFPB) is unconstitutionally funded. It doesn’t receive…

On Friday the 13th of March, President Trump issued his “Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak.” In the ensuing 4 ½ months Governors across the country have used executive orders to lockdown their States, using this unprecedented situation to rewrite not only their own state statutes and constitutions…

Author: NCLA Legal Intern Andrew Klee Chief Justice John Roberts is praised by some—and criticized by others—for his efforts to maintain the institutional legitimacy of the Supreme Court by keeping an eye toward the broader political context in which cases are decided. Last month, the Court addressed the Trump administration’s effort to end the Deferred…

As the nation’s struggle to contain COVID-19 continues into the latter half of 2020, Congress is considering a second major stimulus package to stem the flow of financial (and human) suffering across the sinking economy. The first stimulus package—the CARES Act—was worth nearly $2 trillion, the largest in American history. A major component of the…

On July 9, 2020, the Supreme Court granted certiorari in two closely watched FTC cases. The two cases FTC v. Credit Bureau Center, LLC, and AMG Capital Management, LLC, et al. v. FTC are poised to determine whether a power the FTC has developed through the slow accretion of judicial acquiescence can withstand the clear…