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James Madison University’s Title IX Investigation Deprives Due Process Rights

May 10, 2021
NCLA
One day you’re an esteemed, award-winning faculty member at James Madison University (JMU). The next, your life has been upended due to a Title IX complaint lodged over a bad breakup. This is what happened to Alyssa Reid. NCLA recently published a video detailing her experience. Alyssa Reid began her professional career in the summer…
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Supreme Court Agrees with NCLA and Cuts Back the FTC’s Power Grab Through Section 13(b)

May 6, 2021
John J. Vecchione
  The Supreme Court in AMG Capital Management, LLC v. FTC vastly cut back the FTC’s ability to freeze and then seize its targets’ assets to the tune of billions of dollars. NCLA filed an amicus brief on behalf of AMG and the Court largely adopted our view of the case. Last week I discussed…
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Lunch and Law: The Administrative State - Reagan, Trump, and Biden

April 22, 2021
NCLA
  In April we celebrate Earth Day. Appropriately, this month NCLA invited distinguished guest panelist William Perry Pendley, who served as Deputy Director of the Bureau of Land Management (BLM) for Policy and Programs, to sit down with NCLA Senior Litigation Counsel Harriet Hageman for our monthly Lunch and Law panel series, “The Administrative State…
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The Problem with “Percolation”

April 22, 2021
Caleb Kruckenberg
  In Federalist Number 78 Alexander Hamilton wrote about the importance of not only an independent judiciary, but one that had the courage to protect liberty. Judges, he said, have a “duty” “to declare all acts contrary to the manifest tenor of the Constitution void.” Without judges willing to do their duty, “all the reservations…
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Federal Securities Law Unconstitutionally Deprives Defendants of Jury-Trial Rights While Granting Those Rights to Itself

April 15, 2021
Richard Samp
  The Seventh Amendment to the U.S. Constitution guarantees the right to a jury trial in civil suits filed in federal court. Federal officials have never liked it when the target of a federal enforcement action insists on a jury trial; they apparently fear that some juries are likely to sympathize with the defendant. So…
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Court Packing Is a Dangerous Game

By: Philip Hamburger April 15, 2021
In the News
The intimidation game has begun. President Biden announced last Friday the formation of a commission on reforming the Supreme Court, and Democrats in the House and Senate responded on Wednesday by announcing that a bill to add four justices to the high court is forthcoming. These are dangerous developments. Even if court packing ultimately fails,…
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