by judy.pino@ncla.legal | Mar 27, 2020 | Blog, Caleb Kruckenberg
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. Sometime though that something is worse than the...
by judy.pino@ncla.legal | Mar 19, 2020 | Blog, Jared McClain
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...
by judy.pino@ncla.legal | Mar 12, 2020 | Blog, Peggy Little
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,...
by judy.pino@ncla.legal | Mar 4, 2020 | Blog, Michael P. DeGrandis
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....
by judy.pino@ncla.legal | Feb 24, 2020 | Blog, Jessica Thompson
NCLA is fighting on the front lines of cutting-edge administrative law litigation–and you have an opportunity to be a part of that fight! NCLA is the nation’s only public interest law firm dedicated solely to litigating administrative law issues and...
by judy.pino@ncla.legal | Feb 21, 2020 | Blog, Caleb Kruckenberg
One of the most pernicious tools used by the administrative state is the court-created doctrine of agency “deference.” Roughly, this doctrine says that administrative agencies are entitled to interpret ambiguous laws any way they want, and courts are required...
