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 | 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...
by nclaadmin | Nov 6, 2019 | Blog, Caleb Kruckenberg
ALPRs are high-speed cameras that take photographs of vehicle license plates when they travel on public roadways. Originally ALPRs were installed primarily on police vehicles as a way to expedite license plate checks for expired registration, active warrants, or...
by nclaadmin | Oct 21, 2019 | Caleb Kruckenberg, Uncategorized
Re: Revisions to Safety Standard for Infant Bath Seats, Docket Number CPSC-2009-0064In NCLA’s view, the Proposed Rule continues an odious trend of incorporating private standards into the law only by reference, thereby hiding the binding law behind a paywall. The...
by nclaadmin | Oct 17, 2019 | Blog, Caleb Kruckenberg
The Trump Administration has taken an important step in overhauling the administrative state by tackling the rampant abuse of agency “guidance.” Instead of issuing formal rules, agencies have come to rely on informal interpretations, advice, statements of policy and...
by nclaadmin | Sep 4, 2019 | Blog, Caleb Kruckenberg
At some point in every lawyer’s career, they become familiar with, what I call, “hallway law.” This is the set of rules that everyone seems to think apply, but don’t actually have any basis in the law. Hallway law exists merely from inertia, but it can be...
