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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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Comments in Response to the Office of Management and Budget’s Improving and Reforming Regulatory Enforcement and Adjudication Notice
In the News
NCLA’s examples document that recommendations that examine whether the current modes of rulemaking, enforcement and adjudication do not always comply with the Administrative Procedure Act (APA) and the U.S. Constitution. These examples are drawn from real cases—mostly cases in which NCLA represents the party involved. NCLA knows firsthand the many ways in which agencies need…
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