In the News

Stop Protecting Unconstitutional Judges

Stop Protecting Unconstitutional Judges

Imagine your amateur softball league has a bylaw that all umpires must be hired by the league commissioner. Before a big game, some emergency umps‐​for‐​hire pile out of a van and start officiating without the commissioner’s approval. You’re skeptical, but it’s...

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SEC Administrative Law Judges are Unconstitutional

SEC Administrative Law Judges are Unconstitutional

James Madison once said that the concentration of all government powers in one branch is “the very definition of tyranny.” Yet, today, administrative agencies regularly exercise all three of those powers. They issue rules with the force of law. They enforce laws. And...

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Pandemics can’t be fought by committee

Pandemics can’t be fought by committee

When it comes to a public-health crisis of this magnitude, you can’t fight city hall — in this case the state’s chief executive officer. As expected, the state’s highest court last week upheld Gov. Charlie Baker’s exercise of emergency powers enacted in response to...

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Mass. SJC rules against NCLA in Desrosiers v. Baker

Mass. SJC rules against NCLA in Desrosiers v. Baker

The Massachusetts Supreme Judicial Court rendered its decision in the Desrosiers v. Baker case upholding Governor Baker’s pandemic orders as consistent with the Civil Defense Act (CDA). The order delivers a blow to the plaintiffs who include mom-and-pop businesses,...

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The looming eviction crisis

The looming eviction crisis

Rick Brown is not Jennifer Pierson's landlord. He does own eight similar properties in Winchester, Va., mainly single-family homes in roughly the same price range as Pierson's. He tries to maintain those homes himself. He said half of his tenants aren't paying their...

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The NLRB’s Humorless Insensibility

The NLRB’s Humorless Insensibility

The text of the National Labor Relations Act does not, so far as we can tell, require the National Labor Relations Board or its personnel to have their sense of humor surgically removed. Nor does it prohibit the NLRB’s judicial proceedings from considering context,...

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