Pursuant to the Administrative Procedure Act, 5 U.S.C. § 553(e), and Rule 192(a) of the U. S. Securities and Exchange Commission (“SEC” or “Commission”), 17 C.F.R. § 201.192(a), 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. § 202.5(e) (“The…

In re SEC Rule Imposing Speech Restraints in Consent Orders The SEC Rule adopts “the policy that in any civil lawsuit brought by it or in any administrative proceeding of an accusatory nature pending before it, it is important to avoid creating, or permitting to be created, an impression that a decree is being entered…

The latest installment in an ongoing interview series with senior editor Mark Bauerlein. In this episode, Mark and Philip Hamburger discuss Hamburger’s new book, Liberal Suppression. The conversation is embedded here. For your long-term convenience, follow us on SoundCloud or subscribe via iTunes, Google Play, or Stitcher.

Written by Mark Chenoweth America has a due process problem. Whether one considers the contentious recent Supreme Court confirmation hearing, Title IX proceedings on college campuses, or federal agency hearings in front of administrative law judges, this country is in danger of forgetting about the Bill of Rights and why due process matters. Rights violations…

Philip Hamburger Maurice & Hilda Friedman Professor of Law, Columbia Law School “Whither Chevron?1 For several years, some justices of the Supreme Court have been questioning Chevron deference, partly on the basis of my constitutional critique of it.2 It was inevitable that someone would stand up in defense of that doctrine, and I am glad…

Written by Peggy Little Justice Kagan’s succinct opinion in Lucia v. SEC sent shockwaves through the secretive world of administrative law judging and will have wide-ranging effects. And, it has a surprise ending ordering a retrial: “And we add today one thing more.  That official cannot be…(Cameron) Elliot, even if he has by now received…