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Consent Decrees: Thinning Out the Forest of Laws
Blogs
The Forest of Laws The Department of Justice’s litigators have decided that management of the Minneapolis police department may no longer remain where the law says it must remain. This must be so, they say, because they are on the hunt for policing patterns and practices that allegedly produce racially disparate results. No one wants…
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The Two Holdings of Securities and Exchange Commission v. Jarkesy and What They Mean for the Future of Administrative Adjudication
Blogs
Public commentary on the Supreme Court’s decision in SEC v. Jarkesy is an unusually stark litmus test of political and legal perspectives of the commentariat. Progressives sound a drumbeat of conspiracy, destruction, mayhem and even ruin against a lively background of originalists, libertarians, and conservatives shooting off fireworks and cannons or popping champagne to celebrate. …
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Meta’s U-Turn on Censorship: A Win for Free Speech or Too Little, Too Late?
Blogs
Meta announced that it will discontinue its fact-checking program, which it will replace with a Community Notes model akin to that utilized by X (formerly known as Twitter). Free speech proponents are celebrating this policy change as effectively ending viewpoint-based censorship on Meta’s social media platforms (Facebook, Instagram, and Threads). To accompany Meta’s written statement,…
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Free Speech in the Age of Sensitivity: A Cautionary Tale
Blogs
Nearly a century ago, Justice Brandeis warned: “Experience should teach us to be most on our guard to protect liberty when the Government’s purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal,…
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Make Income-Based Repayment Great Again
Blogs
Assuming it does not simply abolish the Department of Education, the Trump Administration will have to fix the mess left by President Biden’s repeated unlawful (and unsuccessful) attempts to cancel student loans. The biggest challenge may be the fallout from the illegal Saving on a Valuable Education (SAVE) program, which lowers participants’ monthly payments to virtually…
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Schrödinger’s Cat, Jurisdiction, and Missouri v. Biden
Blogs
Missouri v. Biden was one of the premier free speech cases at the Supreme Court last term. The Supreme Court dissolved the injunction against various Government agencies from silencing Americans with which it disagreed on such things as forced vaccination, the efficacy of vaccines, whether Hunter Biden’s laptop left in a repair shop was actually…
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