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Commentary

Institutional Review Boards: A University-Prescribed Chokehold on the First Amendment

By: Kaitlyn Schiraldi July 7, 2025
Blogs
First Amendment violations are not always as blatant as the government colluding with social media companies to shut down unpopular speech or forcing students to remove armbands signaling their aversion to the Vietnam War. Some free speech violations lurk behind ivy-covered walls. In one of the New Civil Liberties Alliance’s latest cases, Issak v. University…
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When Foxes Run the Henhouse: The Failures of State Professional Licensing Boards

By: Ian Baumer July 7, 2025
Blogs
“All professions are conspiracies against the laity,” George Bernard Shaw wrote in his 1906 play The Doctor’s Dilemma. However, the story of the Benedictine monks of Saint Joseph Abbey shows that professions can sometimes be conspiracies against the clergy, too. In 2005, Hurricane Katrina battered the forest near the Abbey, felling a great deal of…
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What If Loper Bright/Relentless Is Right and Chevron Was Wrong Because We Are A Free People?

By: Daniel Kelly June 23, 2025
Blogs
The Court’s opinion in Loper Bright and Relentless is, obviously, about what to do with an ambiguous statute.  But when paired with the dissent, the twinned cases tell a story of jurisprudential tectonic plates grinding against each other in a way that—if we pay close attention—might give us a deeper appreciation for the proper role…
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Will Politics and Practicality Trump Precedent & Separation of Powers in Nationwide Injunction Case?

By: Margot Cleveland May 19, 2025
Blogs
Prior to last Thursday’s Supreme Court oral argument in the consolidated birthright citizenship cases, most legal prognosticators proclaimed the high court would finally put an end to nationwide injunctions. Afterall, a majority of the justices in concurrences or dissents had criticized the granting of—by single district court judges—injunctions that applied on a nationwide basis and…
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The constitution, the courts, and nationwide injunctions

By: Margot Cleveland May 12, 2025
The Supreme Court will consider the propriety of nationwide injunctions next week in three consolidated cases involving challenges to President Donald Trump’s executive orders purporting to end birthright citizenship. The flurry of nationwide injunctions since Trump’s re-election creates the impression that the issue before the high court is a political one. It is not. Rather,…
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On Judicial Tenure

By: Greg Dolin May 9, 2025
Blogs
On April 24, I had the pleasure of arguing before the United States Court of Appeals for the District of Columbia Circuit in Newman v. Moore.  During the argument, the panel of judges inquired as to what is the appropriate standard for removing judges from office, and whether that standard is different from the standard…
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