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Justices Skeptical of FTC Claim of Vast Powers of Disgorgement in AMG Capital Management, LLC v. FTC

January 15, 2021
John J. Vecchione
The Supreme Court heard argument in AMG Capital Management, LLC v. FTC this week. The FTC can’t be happy with how it went. On the Covid-required Zoom-call format, Justice Roberts can and does keep much closer rein on time and interruptions. With all the disadvantages for advocates, it does allow a clear and focused analysis of each…
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Local Governments Blew a Hole in Their Budgets: They Intend to Patch It by Taking Your Property Rights

January 7, 2021
Harriet Hagemancategory_listCovid-19 Articles
  Anyone with a lick of sense knew that smothering our economy would severely curtail the ability of local governments to generate sales tax revenue. Whether the doors of restaurants and other businesses are shut tight and sealed, such as in New York City and Los Angeles, or barely propped open based on some random…
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Midnight Regulation: The State of Regulations thru January 20 is Uncertain

By: Kara Rollins December 18, 2020
Kara Rollins
Just as the cherry blossoms bloom here every spring, another regular D.C. occurrence is blooming—midnight regulations. A product of the modern administrative state, the midnight regulation period is the time between a presidential election and the inauguration of a new president, often from a different party, which is marked by increased regulatory activity. Using the…
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Packing the Court: A Bad Idea Then and Now

By: Margaret A. Little December 10, 2020
Peggy Little
  The issue of packing the Supreme Court is generating a lot of attention these days—often of the comic sort, if you enjoy watching Democratic candidates from President-elect Biden to the current Georgia runoff candidates bob and weave while not answering the question. Stunned by the unexpected death of Justice Ruth Bader Ginsburg, and hamstrung…
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En Banc Third Circuit Knocks the U.S. Sentencing Commission Down a Few Pegs

December 3, 2020
Caleb Kruckenberg
Determining an appropriate punishment for criminal convictions is a delicate business. Traditionally judges have had a lot of latitude in figuring out what makes the most sense based on a particular case. But judges are people too, and they carry the same biases and limitations as everyone else. This, unfortunately, includes racial biases. As a result,…
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I’ve Got Plenty to Be Thankful For

November 25, 2020
Michael P. DeGrandis
https://nclalegal.org/wp-content/uploads/2020/11/2020-11-24-Thanksgiving-Blog-2020-DeGrandis-480p.mp4     Hello! I’m Michael DeGrandis. I’m Senior Litigation Counsel at the New Civil Liberties Alliance, and this is a special Thanksgiving Edition of my blog post, available at nclalegal.org. Only instead of doing all the hard work of writing my post, I decided to draw it on a whiteboard! Let’s start with a…
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