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Disgorging an Unwarranted Seizure of Power in the Ninth Circuit
John J. Vecchione
“L’audace, l’audace, toujours l’audace” was the famous watchword of Napoleon, later adopted by Patton, to describe their belief in attack over defense. The French phrase meaning “Audacity, Audacity always Audacity” is becoming the slogan of more than one firm embroiled in conflict with the Federal Trade Commission (“FTC”). We previously wrote about the Axon…
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The CFTC Velociraptor Has Escaped the Fence That Dodd–Frank Built to Contain It
Like the velociraptors testing the perimeter of their enclosure in Jurassic Park, the Commodity Futures Trading Commission (CFTC) has begun probing the weaknesses in the statute that is supposed to fence the agency’s authority. The case of Monex Deposit Company v. CFTC gives the Supreme Court a chance to keep one such fence-testing effort contained. (Louis Carabini, the…
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Letter to USDA and FNS: Easing Dangerous Regulatory Burdens for the Emergency Food Assistance Program
In the News
Re: Easing Dangerous Regulatory Burdens for the Emergency Food Assistance Program NCLA submits the following letter urging the United States Department of Agriculture (USDA) and the Food and Nutrition Service (FNS) to ease certain regulatory burdens associated with your implementation of the Emergency Food Assistance Program (TEFAP) in light of serious health and safety concerns…
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Living With New Realities During the COVID-19 Pandemic
Kara Rollinscategory_listCovid-19 Articles
The ongoing national emergency is still too new and too fluid for any of us to glean much beyond the obvious—wash your hands, stay inside, and practice kindness and grace toward others. But that has not stopped prognosticators from discussing what a post-COVID-19 nation and world will look like. For some, the answer appears…
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COVID-19 Executive Orders: Read the Fine Print
Caleb Kruckenbergcategory_listCovid-19 Articles
Many of us have heard the adage that “hard cases make bad law,” but a more apt description might be “emergencies create worse law.” In an emergency, we often expect our government to do something to help us. Sometimes, though, that something is worse than the emergency. With the world reeling from the novel…
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Two Years Removed from Lucia v. SEC, New & Old Challenges Face Litigants
Jared McClain
A lot of pages and energy have been spent outlining the many problems with formal, doctrinal judicial abdication like that set out by the Supreme Court in Chevron v. Natural Resources Defense Council and Auer v. Robbins. But other, more subtle judicial tendencies also distort the judicial office at serious cost to litigants and…
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