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Comments in Response to the Department of Health and Human Services: Proposed Rule for Nondiscrimination in Health and Health Education Programs and Activities

August 13, 2019
In the News
Re: Nondiscrimination in Health and Health Education Programs or Activities, Docket No.: HHS-OCR-2019-0007According to the Executive Summary published in the Federal Register related to the Proposed Rule, “Section 1557 of the Patient Protection and Affordable Care Act (‘PPACA’) prohibits discrimination on the basis of race, color, national origin, sex, age, or disability under any health…
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Deference to the Bureau of Prisons Results in Time Lost for Thousands Under Its Custody

August 8, 2019
Haley Connor
The rule of lenity requires that if a criminal statute is ambiguous, courts must interpret the ambiguity in a manner favorable to the defendant. There are two primary reasons for the rule of lenity. First, criminal laws must provide people with fair notice so people can live by the law. Second, it is the legislature’s…
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FDA Shadow Regulations Target Fido’s Dinner

August 8, 2019
Ethan Beck
Answers Pet Food, a brand created by Pennsylvania-based company Lystn to provide high quality, organic pet food, is being targeted by the U.S. Food and Drug Administration for failing to comply with an unofficial, zero-tolerance policy toward naturally occurring strands of salmonella in minimally processed pet foods. The FDA refers to the policy as “guidance.”…
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Going off the Rails: The CA High-Speed Rail Authority

August 7, 2019
Gelane Diamond
Billions of dollars over budget. Years behind schedule. Hundreds of acres of land taken from Central Valley farmers, who are still waiting to receive their compensation. How did a project to build America’s first high-speed railway become such a wreck? The answer is simple: a lack of oversight exercised by the governor and legislature over…
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FINRA is a Double-Delegation Disaster

July 19, 2019
Jay Schaefer
Photo by Ajay Suresh, Rights Reserved The current nondelegation doctrine may not be long for this world, evidenced by the concurrence and dissent in this term’s Gundy v. United States. In its present iteration, the doctrine allows Congress to give away legislative authority to agencies so long as the authority is pursuant to an “intelligible principle,”…
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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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