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SEC Fines for Flutter and Rio Tinto Are Outside its Jurisdiction
This month the Securities and Exchange Commission announced two settlements that illustrate the agency’s largely unchecked power to shake down companies with astronomical penalties that far exceed statutory limits set by Congress. The broader scandal is that these cases are now routine rather than exceptional. The cases include the SEC’s $15 million settlement with UK-based…
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Liberty Means a Trial by Jury
In the News
When the people of several states presented our Constitution for ratification in 1787, one issue nearly derailed the adoption of the nation’s charter. The Anti-Federalists vehemently objected to the lack of a guarantee for a civil jury in the proposed document. They feared that Congress would be able to undermine or abolish the right altogether.…
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The CFPB Is on Life Support
The Supreme Court in late February granted the Consumer Financial Protection Bureau’s (CFPB) request to review Consumer Financial Protection Bureau v. Community Financial Services Association of America, a constitutional challenge to CFPB’s funding structure. CFPB’s ability to continue functioning was placed in jeopardy by the Fifth Circuit’s decision in the case last October, so eventual Supreme Court review was…
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How A Terrorist Victim Can Help The Supreme Court Address Section 230
In 2015, Nohemi Gonzalez—a 23-year-old American studying in Paris—was gunned down by Islamic State (ISIS) terrorists while dining at La Belle Equipe bistro. The U.S. Supreme Court will consider these wrenching facts of Gonzales v. Google on Feb. 21. Bound up with Nohemi’s fate is the fate of Section 230. That 1996 federal statute privileges Big Tech,…
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What Has the FTC Got Against Vitamins?
In the News
Precision Patient Outcomes, Inc. (PPO) and its principal, Margrett Lewis, are being sued in San Francisco by the Federal Trade Commission (FTC) for selling and marketing high-quality dietary supplements and providing consumers with information that the vitamins they contain are thought to strengthen the body’s resistance to disease. NCLA represents PPO and Ms. Lewis in…
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Why I’m Suing Over My Employer’s Vaccine Mandate
In a few weeks I will begin my 24th year as a law professor at George Mason University. Last year I volunteered to teach in person, even though I’m in my 50s. Teaching law is my job and I owe my students my best. I also knew I could do it safely. During the spring…
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