The Federal Communications Commission is proposing a new regulation to “promote more efficient resolution of hearings.” The Procedural Streamlining of Administrative Hearings Rule, as the FCC calls it, claims that none of its hearings require oral testimony. For decade after decade and Commission after Commission, the FCC has held trial-like adjudications with oral testimony pursuant…

  NCLA is fighting on the front lines of cutting-edge administrative law litigation–and you have an opportunity to be a part of that fight!  NCLA is the nation’s only public interest law firm dedicated solely to litigating administrative law issues and restoring respect for our civil liberties.  A clerkship with NCLA is an unparalleled opportunity…

  One of the most pernicious tools used by the administrative state is the court-created doctrine of agency “deference.” Roughly, this doctrine says that administrative agencies are entitled to interpret ambiguous laws any way they want, and courts are required to accept that interpretation even if the court wouldn’t read the law the same way.…

  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…

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…