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Supreme Court of Virginia Orders Landlords to Provide Rent-Free Housing As a Consequence of COVID-19

August 28, 2020
Caleb Kruckenbergcategory_listCovid-19 Articles
  It’s become trendy to vilify landlords in the time of COVID-19, with calls for rent strikes and vocal critics accusing landlords of preying on those worst affected by the economic downturn. Of course, residential landlords often are making payments of their own on property, and, far from the stereotype, nearly half of residential landlords…
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Out of the Separation-of-Powers Frying Pan and Into the Nondelegation Fire: How the Court’s Decision in Seila Law Makes CFPB’s Unlawful Structure Even Worse

By: Mark Chenoweth August 27, 2020
The U.S. Supreme Court’s June 29, 2020 decision in Seila Law LLC v. Consumer Financial Protection Bureau fixed a glaring constitutional defect in the way Congress structured the Consumer Financial Protection Bureau (CFPB or Bureau). “[D]eviat[ing] from the structure of nearly every other independent administrative agency in our history,” the 111th Congress made the CFPB’s director a…
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CFPB’s Joyride Is Over—It’s Time for President Trump to Take the Wheel

August 20, 2020
Michael P. DeGrandis
Yesterday, the Southern District of New York validated a (defective, IMHO) civil investigative demand (CID)—an administrative subpoena for documents and information—from NCLA’s client, the Law Offices of Crystal Moroney, P.C. It did so over a number of objections, the primary one being that the Consumer Financial Protection Bureau (CFPB) is unconstitutionally funded. It doesn’t receive…
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Where Do I Go to Get My Constitutional Rights Back?

August 6, 2020
Harriet Hagemancategory_listCovid-19 Articles
On Friday the 13th of March, President Trump issued his “Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak.” In the ensuing 4 ½ months Governors across the country have used executive orders to lockdown their States, using this unprecedented situation to rewrite not only their own state statutes and constitutions…
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The Supreme Court’s DACA Decision: A commendable effort to embolden APA review or a hollow attempt to ease political tension?

July 29, 2020
In the News
Author: NCLA Legal Intern Andrew Klee Chief Justice John Roberts is praised by some—and criticized by others—for his efforts to maintain the institutional legitimacy of the Supreme Court by keeping an eye toward the broader political context in which cases are decided. Last month, the Court addressed the Trump administration’s effort to end the Deferred…
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Deference in a Pandemic

July 24, 2020
Jared McClain
As the nation’s struggle to contain COVID-19 continues into the latter half of 2020, Congress is considering a second major stimulus package to stem the flow of financial (and human) suffering across the sinking economy. The first stimulus package—the CARES Act—was worth nearly $2 trillion, the largest in American history. A major component of the…
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