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AXON v. FTC Will Put the Administrative State on Trial
Adi Dynarcategory_listJohn J. Vecchione
There is a case of importance and promise for injecting Constitutional protections in proceedings by administrative agencies. Faced with a recalcitrant Federal Trade Commission (“FTC”), AXON Enterprises, Inc. (“AXON”) sued the FTC in federal court on January 3, 2020 seeking declaratory and injunctive relief from the process that the FTC plans to use against…
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It’s Time for Agencies to Adopt the Brady Rule in Civil Enforcement Actions
Kara Rollins
In Brady v. Maryland, the Supreme Court first recognized that a defendant’s due process rights are violated when a prosecutor fails to disclose material exculpatory evidence, evidence tending to show that a defendant is not guilty of a crime or punishment. The Brady Court found that criminal defendants have a constitutional right to the disclosure…
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IT’S ABOUT TIME - The Bureau of Land Management’s Decision to Move Senior Personnel To the West is Long Overdue
Harriet Hageman
Secretary of Interior David Bernhardt has been working for over six months to relocate certain senior Bureau of Land Management (BLM) personnel out of Washington, DC to offices located in the interior west. As a native Wyomingite I can speak from personal experience that this is the correct move, although long overdue, providing me with…
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A Catastrophic Assault on our Civil Liberties
Peggy Little
The more laws, the less justice. Cicero Imagine if your Senator or Congressman proposed a law that required every American to turn over to the government data for every single trade they made in the market. Your broker could not opt out, nor could you, unless you stopped investing your money in U.S. exchanges. All…
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Petition to Amend Rule 3, Rules of Procedure for Judicial Review of Administrative Decisions
In the News
Pursuant to Rule 28, Ariz. R. Sup. Ct., the New Civil Liberties Alliance (“NCLA”) petitions this Court to amend Arizona Rule of Procedure for Judicial Review of Administrative Decisions 3 (“JRAD Rule 3”). NCLA is a nonprofit civil-rights organization and public-interest law firm devoted to defending constitutional freedoms. NCLA was founded to challenge multiple constitutional…
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To Griggs Or Not To Griggs, That Is The Question
Adi Dynar
In 2020, the Supreme Court is poised to decide whether Title VII of the Civil Rights Act prohibits employment discrimination on the basis of sexual orientation or gender identity in Bostock v. Clayton County and R.G. & G.R. Funeral Homes v. EEOC. Title VII prohibits workplace discrimination “because of … sex.” The Court’s decision will…
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