by Joseph Pimentel | Jul 24, 2019 | Mark Chenoweth, Opinion, Peggy Little
The Office of Management and Budget issued a memo recently reminding all federal administrative agencies that “the Constitution vests all Federal legislative power in Congress.” That may seem obvious, but agencies often regulate Americans beyond their lawful authority...
by Joseph Pimentel | Jul 8, 2019 | Caleb Kruckenberg, Opinion
Originally published in Washington Examiner on July 8, 2019Robert Shipp is serving the remainder of a federal prison sentence on an ankle monitor in Chicago, Illinois. But Shipp is being held unlawfully by the U.S. Bureau of Prisons.Even though he was due to be...
by Joseph Pimentel | Jul 1, 2019 | Mark Chenoweth, Opinion
Originally published in Forbes on June 30, 2019 Chief Justice John Roberts lent the crucial fifth vote to uphold so-called Auer deference (solely on stare decisis grounds) in last week’s Kisor v. Wilkie case at the U.S. Supreme Court. In so doing, he wrote that “the...
by Joseph Pimentel | Jun 18, 2019 | Mark Chenoweth, Opinion
Originally published in Forbes on June 18, 2019 Wide consequences will stem from the U.S. Court of Appeals for the Ninth Circuit’s recent decision granting qualified immunity to several Fresno, California police officers sued for theft. These consequences will prove...
by Joseph Pimentel | Jun 17, 2019 | Michael P. DeGrandis, Opinion
Originally published in Bloomberg Law on June 17, 2019 Fresno, Calif., police officers may have just gotten away with grand larceny. The Ninth Circuit recently passed on the opportunity to establish—once-and-for-all—that police officers stealing private property while...
by Joseph Pimentel | Jun 12, 2019 | Opinion, Peggy Little
Originally published in New York Law Journal on June 4, 2019 When government agencies such as the U.S. Securities and Exchange Commission (SEC) and the U.S. Commodity Futures Trading Commission (CFTC) bring charges, their press releases are notorious for their high...
