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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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Happy Patriots Day, America!
Michael P. DeGrandis
How the Administrative State Spawned the Granddaddy of All Patriotic Holidays Patriots Day—the granddaddy of all patriotic holidays—is today, April 19th . While it deserves national recognition, it is an official holiday in only four states. In Massachusetts, Patriots Day is observed on the third Monday in April and it is celebrated with the running…
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Commentary: ATF ruling leaves Utah with the last bump stock standing
Originally published in the Salt Lake Tribune on April 9, 2019 Clark Aposhian, a resident of Utah, is now the last man in America who can legally own a bump stock. Last month, a formal bump stock ban went into effect. The ban ordered anyone who lawfully purchased one of these devices to either surrender or destroy…
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Will courts allow Congress to pass the bump stock buck?
Following the tragic mass shooting in Las Vegas on Oct. 1, 2017, where the assailant reportedly used firearms equipped with bump stocks, lawmakers in both parties attempted to restrict these devices legislatively, to require them to be registered or banning their sale. These efforts did not succeed, and President Donald Trump ordered ATF to take action. Last week a formal bump stock…
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Bump Stock Rule Puts Constitution In The Crosshairs
Speaker of the House Nancy Pelosi recently warned Republicans that if a GOP president can declare a national emergency over a wall on the southern border, the next Democrat president could declare one over gun violence. Her threat envisioned future gun control actions without Congress. But that’s already happening—and it has made a shambles of…
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