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It’s Not Better to Beg: The SEC’s Unforgivable Use of Unlawful Guidance
Michael P. DeGrandis
In one context or another, we’ve all chuckled at the witticism: “It’s better to beg for forgiveness than to ask for permission.” And why not? It’s funny and ironic because it’s vaguely subversive and there’s a kernel of truth to it. But I’ve noticed there are two times when the wisecrack is definitely not funny.…
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The New York Times is Wrong—We Don’t Need Another Agency to Fight Pandemics
Jessica Thompsoncategory_listCovid-19 Articles
It’s axiomatic that in time of crisis, government tends to grow. We applaud people who respond to a crisis by helping those affected and taking actions to prevent further harm. But for some, the inclination to “do something” in response to a crisis takes the shape of a plan that cedes more power to the…
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Letter to the City of Daytona Beach Police Department: Unlawful Use of Unmanned Drones
In the News
Re: Unlawful Use of Unmanned Drones NCLA submits the following letter urging the City of Daytona Beach Police Department to immediately cease its use of unmanned drones to monitor the temperatures of its residents for signs of fever. This practice violates clear constitutional limits and is an affront to the privacy of innocent members of…
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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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Disgorging an Unwarranted Seizure of Power in the Ninth Circuit
John J. Vecchione
“L’audace, l’audace, toujours l’audace” was the famous watchword of Napoleon, later adopted by Patton, to describe their belief in attack over defense. The French phrase meaning “Audacity, Audacity always Audacity” is becoming the slogan of more than one firm embroiled in conflict with the Federal Trade Commission (“FTC”). We previously wrote about the Axon…
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Letter to USDA and FNS: Easing Dangerous Regulatory Burdens for the Emergency Food Assistance Program
In the News
Re: Easing Dangerous Regulatory Burdens for the Emergency Food Assistance Program NCLA submits the following letter urging the United States Department of Agriculture (USDA) and the Food and Nutrition Service (FNS) to ease certain regulatory burdens associated with your implementation of the Emergency Food Assistance Program (TEFAP) in light of serious health and safety concerns…
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