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Comments in Response to the Bureau of Consumer Financial Protection: Request for Information Regarding Bureau Guidance and Implementation Support
In the News
Re: Request for Information Regarding Bureau Guidance and Implementation Support, Docket No. CFPB-2018-0013 NCLA sincerely appreciates this opportunity to provide commentary on the Bureau’s past use of guidance and its invitation for suggestions as to how it can ensure that its future guidance adheres to law. Unfortunately, the Bureau’s past use of guidance has been…
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Administrative Agency “Excursions” Are Not OK in Arizona
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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Deference in a Pandemic
Jared McClain
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…
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U.S. Department of Education Formally Comes Out Against Constitutional Rights
Caleb Kruckenberg
It is a scary time to be on college campuses and not just because of COVID-19. In the last decade the U.S. Department of Education has prioritized the micromanagement of campus disciplinary procedures for students and faculty accused of sexual harassment. Despite having no business telling schools how to properly deal with alleged misconduct, the…
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James Madison University’s Title IX Investigation Deprives Due Process Rights
NCLA
One day you’re an esteemed, award-winning faculty member at James Madison University (JMU). The next, your life has been upended due to a Title IX complaint lodged over a bad breakup. This is what happened to Alyssa Reid. NCLA recently published a video detailing her experience. Alyssa Reid began her professional career in the summer…
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Proposed Legislation Would Ban Vital Procedure
Richard Samp
So, she is gone. The Minister of Disinformation has resigned. Whether any factor alone could have done her in – what apparatchik could survive being lampooned as both a Goebbelsesque Mary Poppins and a feminine Big Brother – the combination did the trick. The Open Society has, to use Karl Popper’s term, one less enemy.…
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