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“Due Process Demands More than This.” – South Carolina Court Finds State’s Asset Forfeiture Regime Unconstitutional

By: Kara Rollins October 28, 2019
In the News
Asset forfeiture is the process local, state, and federal law enforcement agencies use to seize property they allege was used to facilitate a crime or is the result of a crime. It is a vestige of English law that was used to combat piracy. Or maybe more accurately what Britain described as piracy—not complying with…
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Comments in Response to the Direct Final Rule Proposed by the Consumer Product Safety Commission: Revisions to Safety Standard for Infant Bath Seats

October 21, 2019
In the News
Re: Revisions to Safety Standard for Infant Bath Seats, Docket Number CPSC-2009-0064 In NCLA’s view, the Proposed Rule continues an odious trend of incorporating private standards into the law only by reference, thereby hiding the binding law behind a paywall. The Proposed Rule is therefore unconstitutional and must not be enacted as written. This comment…
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Comments in Response to the Environmental Protection Agency's Proposed Rule: Updating Regulations on Water Quality Certification

October 21, 2019
In the News
Re: Updating Regulations on Water Quality CertificationDocket ID No.: EPA-HQ-OW-2019-0405 NCLA commends EPA’s efforts to provide more certainty and stability in relation to implementing Section 401 of the Clean Water Act. While NCLA appreciates the importance of state sovereignty and the purpose underlying Section 401, it is also important to ensure that one state’s exercise…
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White House Executive Orders Cracking Down On Agency Guidance Could Provide Constitutional Protections in Title IX Cases

October 17, 2019
Caleb Kruckenberg
  The Trump Administration has taken an important step in overhauling the administrative state by tackling the rampant abuse of agency “guidance.”   Instead of issuing formal rules, agencies have come to rely on informal interpretations, advice, statements of policy and other forms of regulatory “guidance” that declares agency views on what the public should or…
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Time to Clear the Fog of Agency Secrecy from the Swamp

October 17, 2019
Adi Dynar
The two executive orders issued by the White House—“Bringing Guidance out of the Darkness,” and “Transparency and Fairness”—promise to start clearing the fog of faulty guidance documents issued by federal administrative agencies in the so-called Washington D.C. “swamp.” The administration should be applauded on taking a decisive step to reduce agency overreach.   Among other mechanisms…
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The Games Bureaucrats Play: AFPF v. Becerra—Civil Rights Jenga by Michael DeGrandis

October 17, 2019
In the News
Ah, the games bureaucrats play.  They most often resemble Twister, of course: How well can you contort yourself to follow an agency’s myriad of guidance and regulations?  But many of their games are more insidious, implicating fundamental rights including freedoms of speech and association.  Case in point: the California Attorney General’s game of Civil Rights…
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Trevor Schakohl
Communications Specialist
Ruslan Moldovanov
Deputy Director of Communications and Marketing
In NCLA Relentless Case, Supreme Court Overturns Chevron DeferencePress Release >>
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