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An Illusory Nondelegation Doctrine: The Case of Ghost Golf
Blogs
When the Covid-19 pandemic hit the U.S. in 2020, California Governor Gavin Newsom issued the “Blueprint,” a complex regulatory response which tightened and loosened restrictions on activities depending on the severity of the pandemic in each county. The Governor took these actions pursuant to the Emergency Services Act (ESA), which authorized him to assume “all…
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Denying Deference
Blogs
Before starting law school, I thought most law was established, even stagnant. I knew that certain politicized cases made headlines when overruling precedent. But I learned that many influential cases overturning precedent are not broadly publicized. For instance, the Supreme Court recently decided Loper Bright and Relentless (which were argued in tandem) and by overruling…
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Jarkesy v. SEC—How a Seemingly Boring Fraud Case Begins to Restore the Separation of Powers (and our Individual Rights)
Blogs
“Again, there is no liberty, if the judiciary power be not separated from the legislative and executive.” These words written by Baron de Montesquieu were foundational to the Framers’ concept of separation of powers. In turn, they influenced the very fabric of our government as it exists today. The Framers firmly believed that the judiciary…
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Murthy: Catch Me If You Can
Blogs
Sometimes, a case about standing really is just about standing. But not always. Sometimes a standing analysis reveals, sotto voce (or “esoterically” for all you Straussians1), a flaw in some aspect of the Court’s substantive jurisprudence. I think Murthy2 is one such case. It didn’t really break any new ground on who may bring a claim in federal court,…
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In ‘Over Ruled,’ Justice Gorsuch Tells of the Folly of the Administrative State
Books by Supreme Court justices usually focus on constitutional doctrine—on judicial interpretations of the Constitution. “Over Ruled: The Human Toll of Too Much Law” is, therefore, a pleasant surprise. Justice Neil Gorsuch and his former clerk Janie Nitze prioritize not legal analysis, but a series of stories about unfortunate litigants, whose experiences illuminate the dangers…
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Absolutely Scary: How Cross-Deputization Allows Corrupt State Officials to Enjoy Absolute Immunity
Blogs
For decades, federal law enforcement agencies, such as the U.S. Marshals Service, the FBI, and the DEA, have been in the practice of deputizing state and local law enforcement officers as federal agents to serve on joint state-federal task forces. The stated purpose of these joint task forces is to combine resources to combat issues…
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