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INSIGHT: Theft by Police Officers Is Unconstitutional, Right?
In the News
Originally published in Bloomberg Law on June 17, 2019 Fresno, Calif., police officers may have just gotten away with grand larceny. The Ninth Circuit recently passed on the opportunity to establish—once-and-for-all—that police officers stealing private property while executing a search warrant is, in fact, unconstitutional. The Jessop v. City of Fresno case brings to light a doctrine called…
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Leaving Them Speechless: A Mere Government Agency Cannot Silence Americans for Life
When government agencies such as the U.S. Securities and Exchange Commission (SEC) and the U.S. Commodity Futures Trading Commission (CFTC) bring charges, their press releases are notorious for their high visibility and inflammatory rhetoric. Within moments, lives are forever altered, reputations destroyed, businesses put on the road to ruin with many livelihoods at risk. What…
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Privatizing Idaho
Peggy Little
Their Own Private Idaho“Something remarkable just happened in Idaho,” according to James Broughel at George Mason University’s Mercatus Center, “The state legislature opted to—in essence – repeal the entire state regulatory code.” Idaho’s new governor, Brad Little (R., Idaho), whose official biography asserts that he has advocated his whole life for limited government, has an unprecedented…
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Judicial Fecklessness
Steve Simpson
NCLA recently had the pleasure of hosting Peter Wallison at a lunch event to discuss his new book, Judicial Fortitude: The Last Chance to Rein in the Administrative State. (You can listen to audio of the event here.) As the title suggests, Wallison argues that to rein in our out-of-control administrative state, we need judges…
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Wait, Maybe Judges Shouldn’t Work for the Prosecutors After All
Caleb Kruckenberg
Of all the many oddities and unfairness baked into administrative proceedings, the one most surprising to casual observers (read—my wife), is the fact that many administrative law judges (ALJs) are employed by the same agency prosecuting alleged violations of law in front of them. Indeed, in the bizarre world of administrative law, one must get…
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Romeril v SEC Motion For Relief From Judgment
In the News
Defendant Barry D. Romeril hereby moves pursuant to Fed. R. Civ. P. 60(b)(4) for relief from Judgement entered on June 16, 2001 as incorporating a void and unconstitutional prior restraint on speech in violation of the First Amendment of the United States Constitution and controlling Second Circuit case law, and for other reasons more fully…
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