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How Executive Branch Can Override Congress’ View of Criminal Law in Court

How Executive Branch Can Override Congress’ View of Criminal Law in Court

by judy.pino@ncla.legal | Feb 11, 2021 | Blog, Caleb Kruckenberg

  Let’s try a thought experiment. Imagine a criminal law that says, “It’s a felony to do bad things.” That’s it. That’s the whole law. There’s no further explanation. I have a pretty solid understanding of what I think are “bad things.” I guarantee, however, that...
En Banc Third Circuit Knocks the U.S. Sentencing Commission Down a Few Pegs

En Banc Third Circuit Knocks the U.S. Sentencing Commission Down a Few Pegs

by judy.pino@ncla.legal | Dec 3, 2020 | Blog, Caleb Kruckenberg

  Determining an appropriate punishment for criminal convictions is a delicate business. Traditionally judges have had a lot of latitude in figuring out what makes the most sense based on a particular case. But judges are people too, and they carry the same...
Supreme Court of Virginia Orders Landlords to Provide Rent-Free Housing As a Consequence of COVID-19

Supreme Court of Virginia Orders Landlords to Provide Rent-Free Housing As a Consequence of COVID-19

by judy.pino@ncla.legal | Aug 28, 2020 | Blog, Caleb Kruckenberg, Covid-19 Articles

  It’s become trendy to vilify landlords in the time of COVID-19, with calls for rent strikes and vocal critics accusing landlords of preying on those worst affected by the economic downturn. Of course, residential landlords often are making payments of their own...
Daytona Beach Cops, You Need a Warrant to Use ‘Pandemic Drones’

Daytona Beach Cops, You Need a Warrant to Use ‘Pandemic Drones’

by judy.pino@ncla.legal | May 14, 2020 | Blog, Caleb Kruckenberg, Covid-19 Articles

  Just because powerful surveillance technology exists doesn’t necessarily mean we should use it. This holds true even when faced with unprecedented challenges from a pandemic. Unfortunately, the Daytona Beach Florida Police Department didn’t get the memo....
COVID-19 Executive Orders: Read the Fine Print

COVID-19 Executive Orders: Read the Fine Print

by judy.pino@ncla.legal | Mar 27, 2020 | Blog, Caleb Kruckenberg, Covid-19 Articles

  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. Sometimes, though, that something is worse than the...
Can an Agency Rewrite the Law to Ban an Entire Industry Overnight? Maybe in New York

Can an Agency Rewrite the Law to Ban an Entire Industry Overnight? Maybe in New York

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...
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Recent Posts

  • CDC Does Not Have Power to Regulate Access to Courts and Its Order Needs to Be Struck Down
  • NCLA Asks Supreme Court to Eliminate or Limit Judicial Deference to Sentencing Commission
  • NJ Landlords Fight Back: Lawsuit Challenges Murphy Executive Order
  • NCLA Amicus Brief Asks Arizona Supreme Court to Reject Agency Deference in Ratemaking Lawsuit
  • NCLA Asks NJ Appellate Court to Halt Governor’s Unlawful Interference with Rental Contracts

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