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…

  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…

  A lot of pages and energy have been spent outlining the many problems with formal, doctrinal judicial abdication like that set out by the Supreme Court in Chevron v. Natural Resources Defense Council and Auer v. Robbins. But other, more subtle judicial tendencies also distort the judicial office at serious cost to litigants and…

  The founders believed that trial by jury was among the most precious rights secured by our federal constitution. State constitutions similarly protect the right to be judged by a jury of one’s peers in some form in every state. New Civil Liberties Alliance, where I work, is dedicated to restoring and protecting those rights.…

The Federal Communications Commission is proposing a new regulation to “promote more efficient resolution of hearings.” The Procedural Streamlining of Administrative Hearings Rule, as the FCC calls it, claims that none of its hearings require oral testimony. For decade after decade and Commission after Commission, the FCC has held trial-like adjudications with oral testimony pursuant…