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...
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...
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...
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....
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...
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...
