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Back to the Future: Justice Jackson’s Prescient Dissent in Chenery II
Peggy Little
I give up. Now I realize fully what Mark Twain meant when he said, “The more you explain it, the more I don’t understand it.” Justice Robert H. Jackson, dissenting in Chenery Corp. v. SEC, 332 U.S. 194, 214 (1947) Justice Robert H. Jackson has long been recognized as one of the best writers…
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FDRLST Media, LLC v. NLRB
In the News
The Third Circuit Court of Appeals will shortly hear argument on a case involving a light-hearted joke and the heavy hand of the administrative state. The case presents the court with the opportunity to restore actual aggrievement to the labor law’s explicit statutory requirement for bringing down the force of the administrative state upon Americans. It also…
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Let’s Not Celebrate Constitution Day
Adi Dynar
I was not born an American citizen. I chose to be one. I grew up elsewhere. Few Americans realize how intrigued the rest of the world is with America’s Independence Day and Constitution Day. Few understand the significance of the two documents the two days celebrate—if they’ve read them at all. Fewer still grasp…
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Purchasing Submission
In the News
Our government rules us in many ways. Theoretically, by law. As a practical matter, by administrative edicts. But that’s not all. It also controls us by purchasing our submission. The problem crosses party boundaries. All recent administrations have governed by purchase when they could not get what they wanted by law or administrative fiat. Just…
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When Government Gags, Public Loses
Lauren Renslow
Freedom of speech remains a core tenet of democratic societies and free peoples. Speaking up and speaking out are always to be heralded, especially during contentious times in America. But while the freedom to speak is oft rejoiced, few realize that the interests protected by the First Amendment include the freedom to listen. When voices…
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Good-bye, Morrison v. Olson
In the News
United States v. Arthrex, this summer’s much-anticipated Supreme Court decision which concluded that the Patent and Trademark Appeal Board (PTAB) is unconstitutionally structured, is unlikely to have a major impact on PTAB operations. The Court “fixed” the constitutional violation by adding an extra step to the administrative review process, thereby permitting PTAB for the most…
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