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,...
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...
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...
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...
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...
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...
