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Skidmore on Skids
Adi Dynar
Indian River County, Florida v. Department of Transportation presents a dangerous case of the D.C. Circuit putting the skids under Skidmore deference. If allowed to stand, the D.C. Circuit’s decision would make Skidmore more deferential than Kisor and Chevron. The case stems from the planned construction of an express passenger railway service between Miami…
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When The Wolf At The Door Is Your Governor
The novel coronavirus pandemic has many Americans struggling to keep the wolf from the door of their homes and businesses. For Pennsylvanians, the threat has become all the more menacing, because the wolf at their doors is the governor—and the state supreme court just invited him in. Like many of his counterparts across the country,…
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Trump’s “Regulatory Bill of Rights”: A Good Start
Kara Rollins
Executive Orders are one source of egregious expansions of administrative power, and NCLA litigators frequently challenge unconstitutional exercises of lawmaking by executive fiat. For example, see NCLA’s recent amicus brief challenging the authority of the Department of Labor to develop and use a non-statutory enforcement regime under the auspices of Executive Order 11246. But…
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SCOTUS Rules to Reduce SEC's Disgorgement Powers, But it Doesn't Go Far Enough
John J. Vecchione
While the Supreme Court’s ruling to reduce the SEC’s power to inflict so-called “disgorgement’ penalties on its targets is welcome news, it is disappointing that it did not go further. In a narrow win for the Petitioners the Supreme Court held: The Court holds today that a disgorgement award that does not exceed a wrongdoer’s…
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Ray Lucia’s Mythic Lift
Peggy Little
Ten years ago, Ray Lucia was a successful San Diego-based financial advisor who through in-person seminars, webinars, books, radio and TV appearances promoted an uncontroversial and academically recognized method of savings for retirement. His “buckets of money” strategy encouraged dividing and diversifying savings among safer to riskier “buckets” and then spending in retirement from the…
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Grading Agency Progress on Executive Order 13891: A Scorecard for Section 3(a)
Kara Rollins
Last fall, President Trump issued two Executive Orders aimed at reining in unlawful administrative state action. Together, the orders represented a welcome change for regulated parties, who too often find themselves in regulatory agencies’ crosshairs with little notice or understanding of what, if any, law or regulation they allegedly violated. But the Executive Orders are…
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