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The Collision of Administrative Law and Civil Liberties
Daniel Whalen
A month ago, I was speaking with an associate at a DC law firm. I told him that I work at a non-profit, the “New Civil Liberties Alliance,” which represents parties in cases relating to administrative law. He appeared confused and asked how civil liberties are connected to administrative agencies. For those who have…
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‘Peekaboo Prosecution’ Turns 20
Imagine a dystopian world where Congress empowers a private corporation to secretly investigate and punish members of a particular profession — say, auditors. Think of a private version of the Securities and Exchange Commission (SEC), but with evergreen funding that never requires an appropriation from Congress and with lavishly compensated personnel who are exempt from laws designed…
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SCOTUS Must Limit Unwarranted Searches to Preserve 4th Amendment Protections
Tahmineh Dehbozorgi
Photo: U.S. Marshals Service The Fourth Amendment protects Americans against unreasonable searches and seizures by the government. Absent exigent circumstances or consent, police must obtain judicial authorization (a warrant) to enter a home. As the Supreme Court has repeatedly stated, for example in Riley v. California, the sanctity of a person’s home is among an…
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What Originalism Must Take From the Common Good
In the News
I. Introduction On May 29th, 1919, British researchers operating out of Principe and Sobral, Brazil, tested a simple proposition: whether, during that day’s total eclipse, the light of stars proximate to the sun would be deflected, thus distorting their observed position in the night sky. The proposition was proven correct, and, in November of 1919,…
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Ill-Considered Decision Revives Judicial Misconduct Complaint
Richard Samp
Photo: Hon. William H. Pryor Jr., Chief Judge of the United States Court of Appeals for the Eleventh Circuit The unconstrained attack on the federal judiciary by Democratic members of Congress is in full swing. That effort was abetted last week by an ill-considered decision by the Committee on Judicial Conduct and Disability of…
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Kamala Harris’ Free Speech Task Force
In the News
After the COVID ‘misinformation’ experience, will the vice president’s new plan for addressing online harassment go any better? For most of its existence, I had avoided social media and held particular disdain for Twitter, which I saw as intrinsically anti-intellectual. So it was with some hesitation that I opened a Twitter account in the fall…
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