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Petition to Amend the CFTC Rule Under Which the Agency Has Been Unconstitutionally Silencing Persons Who Enter Into Consents With CFTC
In the News
Pursuant to the Administrative Procedure Act, 5 U.S.C. § 553(e), and 7 U.S.C. §2(a)(12) and Rule 13.2 of the U.S. Commodity Futures Trading Commission (“CFTC” or “Commission”), 17 C.F.R. § 13.2, the Petitioner New Civil Liberties Alliance (“NCLA”) hereby petitions the Commission to amend its rule restricting speech that is set forth in 17 C.F.R.…
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A Farmer, An Irrigation Ditch, and the Environmental Protection Agency: What Could Possibly Go Wrong?
Harriet Hageman
David Hamilton is an engineer by training and colorful by nature. He likes to build things and has spent his adult life creating successful natural gas processing companies and utilities in two states, as well as buying and improving farms around his hometown of Worland, Wyoming. He is a self-taught artist, painting beautiful landscapes, portraits,…
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Despite Sentencing Reform, the US Bureau of Prisons is Holding Thousands of Inmates Illegally Beyond their Release Dates
Originally published in Washington Examiner on July 8, 2019 Robert Shipp is serving the remainder of a federal prison sentence on an ankle monitor in Chicago, Illinois. But Shipp is being held unlawfully by the U.S. Bureau of Prisons. Even though he was due to be released from custody last month under a change in federal law,…
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Bye-Bye, Buildingcrats
Madeleine Case
“I like not fair terms and a villain’s mind.” –William Shakespeare, The Merchant of Venice When I told my friend (and fellow bookworm) that Strand Bookstore had just been designated a “landmark” in New York City, my friend clapped and smiled, excited at the idea that New York could preserve the Strand forever. After all,…
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The Troubling Administrative-Law Implications of the 2020 Census Case
Adi Dynar
Photo by Quinn Dombrowski, Rights Reserved People across the political spectrum have strong opinions about whether it is a good idea to include a citizenship question on the 2020 short-form census. This blog post expresses no opinion on whether that is a good or a bad idea. Instead, it highlights some of the troubling aspects of the…
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Chief Justice Roberts Is Dead Wrong About Auer Deference
In the News
Chief Justice John Roberts lent the crucial fifth vote to uphold so-called Auer deference (solely on stare decisis grounds) in last week’s Kisor v. Wilkie case at the U.S. Supreme Court. In so doing, he wrote that “the distance between the majority and Justice Gorsuch is not as great as it may initially appear.” Roberts is dead wrong, and…
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