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How Can a Trial Be Fair When the Judge Works for the Prosecutor?

How Can a Trial Be Fair When the Judge Works for the Prosecutor?

by helen.taylor@ncla.legal | Nov 7, 2022 | Opinion, Peggy Little

The ever-expanding administrative state has become a fourth branch of government. Unelected, unaccountable and tenure-protected bureaucrats enact most rules governing Americans’ lives—thousands of new ones every year. Seeking to aid this swelling administrative state,...
When Your SEC Prosecutor Is Your Judge, Scandals Surely Follow

When Your SEC Prosecutor Is Your Judge, Scandals Surely Follow

by helen.taylor@ncla.legal | Aug 3, 2022 | Kara Rollins, Opinion, Peggy Little

“Agencies that combine enforcement and adjudication—as many do—are unconstitutional. But convenient for the government,” law blogger Glenn Harlan Reynolds posted earlier this year. For those who follow SEC enforcement, particularly adjudication by in-house...
SEC’s Board Diversity Rules—An Unholy Alliance of Government and Industry Evading the Constitution

SEC’s Board Diversity Rules—An Unholy Alliance of Government and Industry Evading the Constitution

by judy.pino@ncla.legal | Apr 8, 2022 | Blog, Peggy Little

  When did it become acceptable to ask people about their race, gender identification, and sexual preferences when determining their qualifications to do a job? If the SEC—and the stock exchange it supervises, Nasdaq—have their way, the answer is quickly...
State Court Docket Watch: Corman v. Acting Secretary of the Pennsylvania Department of Health

State Court Docket Watch: Corman v. Acting Secretary of the Pennsylvania Department of Health

by judy.pino@ncla.legal | Feb 22, 2022 | Opinion, Peggy Little

On December 10, 2021, the Pennsylvania Supreme Court unanimously affirmed,[1] on expedited direct appeal, a state trial court opinion[2] nullifying the state Department of Health’s mask mandate for all public schools. The Supreme Court agreed with the en banc trial...
Of Walpoles in Buicks: Do Courts Owe a Reciprocal Duty of Candor?

Of Walpoles in Buicks: Do Courts Owe a Reciprocal Duty of Candor?

by judy.pino@ncla.legal | Dec 25, 2021 | Blog, Peggy Little

  “Every case lays down a rule, the rule of the case…But a later court can reexamine the case…In the extreme form this results in what is known as expressly ‘confining the case to its particular facts.’ This rule holds only of redhead walpoles in pale magenta...
Back to the Future: Justice Jackson’s Prescient Dissent in Chenery II

Back to the Future: Justice Jackson’s Prescient Dissent in Chenery II

by judy.pino@ncla.legal | Sep 24, 2021 | Blog, Peggy Little

  I give up. Now I realize fully what Mark Twain meant when he said, “The more you explain it, the more I don’t understand it.” Justice Robert H. Jackson, dissenting in Chenery Corp. v. SEC, 332 U.S. 194, 214 (1947) Justice Robert H. Jackson has long been...
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Recent Posts

  • SEC Fines for Flutter and Rio Tinto Are Outside its Jurisdiction
  • Federal Judge Grants Injunction to NCLA Client, Vacates Dept. of Ed.’s Discriminatory Fulbright Rule
  • In NCLA Amicus Win, en Banc Fifth Circuit Rules Against Biden’s Federal Employee Vaccine Mandate
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  • NCLA Releases Video Depositions in Social Media Censorship Suit After Judge Orders Case to Be Heard

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