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Automated license plate reading cameras (ALPRs) snuck up on us. It is time the law caught up with them.
Caleb Kruckenberg
ALPRs are high-speed cameras that take photographs of vehicle license plates when they travel on public roadways. Originally ALPRs were installed primarily on police vehicles as a way to expedite license plate checks for expired registration, active warrants, or similar routine enforcement tasks. As technology improved, however, ALPRs underwent a rapid expansion in number…
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The Worst Doctrine Few Have Heard of: Brand X
Federal administrators must love Darth Vader’s iconic –and ominous– line, “I’m altering the deal. Pray I don’t alter it any further.” That’s because the Brand X deference doctrine lets them. Deference doctrines require judges to abdicate their duty of independent judgment and instead be biased in favor of government litigants and against non-government litigants. The 2005 Supreme…
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Comments in Response to the Federal Communications Commission's Proposed Regulation: Procedural Streamlining of Administrative Hearings
In the News
Re: FCC 19-86, EB Docket No. 19-214: Procedural Streamlining of Administrative Hearings Document No. 2019-20568 In NCLA’s view, The Streamlining Rule proposes to convert live-testimony hearings into written-record proceedings. Such a conversion would fundamentally reshape Congress’ administrative adjudicatory scheme by altering the dynamics of probative inquiries into disputed facts. Perhaps most notably, it would…
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“Due Process Demands More than This.” – South Carolina Court Finds State’s Asset Forfeiture Regime Unconstitutional
In the News
Asset forfeiture is the process local, state, and federal law enforcement agencies use to seize property they allege was used to facilitate a crime or is the result of a crime. It is a vestige of English law that was used to combat piracy. Or maybe more accurately what Britain described as piracy—not complying with…
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Comments in Response to the Direct Final Rule Proposed by the Consumer Product Safety Commission: Revisions to Safety Standard for Infant Bath Seats
In the News
Re: Revisions to Safety Standard for Infant Bath Seats, Docket Number CPSC-2009-0064 In NCLA’s view, the Proposed Rule continues an odious trend of incorporating private standards into the law only by reference, thereby hiding the binding law behind a paywall. The Proposed Rule is therefore unconstitutional and must not be enacted as written. This comment…
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Comments in Response to the Environmental Protection Agency's Proposed Rule: Updating Regulations on Water Quality Certification
In the News
Re: Updating Regulations on Water Quality CertificationDocket ID No.: EPA-HQ-OW-2019-0405 NCLA commends EPA’s efforts to provide more certainty and stability in relation to implementing Section 401 of the Clean Water Act. While NCLA appreciates the importance of state sovereignty and the purpose underlying Section 401, it is also important to ensure that one state’s exercise…
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