NCLA Site Search
Search Results for
2089 results found
![](https://nclalegal.org/wp-content/uploads/2023/02/Christopher-Gibson-1024x828.jpg)
GUEST COLUMN: Tracking charter vessels unlawful and unconstitutional
August 30, 2020
The U.S. government is trying to force charter boats and companies that take customers fishing and sightseeing in the Gulf of Mexico to purchase a vessel monitoring system. Federal agencies will use the VMS tracking devices to monitor boats’ movements and whereabouts on the water, even when they are not using their federal…
Baker defends emergency orders under Civil Defense Act
August 28, 2020
Gov. Charlie Baker filed a court brief on Friday defending his use of a 1950 Civil Defense Law to declare a COVID-19 state of emergency, equating the virus to the “natural causes” referenced in the law and pointing out that the Legislature has not balked at his use of emergency powers…
Supreme Court of Virginia Orders Landlords to Provide Rent-Free Housing As a Consequence of COVID-19
August 28, 2020
It’s become trendy to vilify landlords in the time of COVID-19, with calls for rent strikes and vocal critics accusing landlords of preying on those worst affected by the economic downturn. Of course, residential landlords often are making payments of their own on property, and, far from the stereotype,…
New DOJ interim rule codifies terms of Brand memo
August 27, 2020
The U.S. Department of Justice (DOJ) unveiled two interim final rules intended to deal with enforcement activities in connection with policies enunciated over the past four years, including the so-called Brand memo, which banned federal prosecutors from using federal agency guidance as leverage in prosecutions of private-sector entities. While the…
Appeals court sides with SEC in constitutional claim
August 27, 2020
Lawyers for Michelle Cochran, a CPA in Texas who originally settled an SEC enforcement action for allegedly skirting PCAOB audit standards, vow a fight to the U.S. Supreme Court over their client's continuing claims that the Commission's ALJ system remains unconstitutional. Read the full article
Charter boat captains file class-action lawsuit against NOAA for ‘intrusive rule’
August 25, 2020
In July the National Oceanic and Atmospheric Administration announced a rule that won’t take effect until January. It will require charter boat captains to buy and maintain a GPS tracking system on their boat. “We spend a lot of time and effort out there trying to find our spots to…
Tyranny of the Unaccountable State
August 24, 2020
Help arrived in the form of the New Civil Liberties Alliance, a nonprofit set up by legal scholar Philip Hamburger that defends constitutional rights against overreach by the administrative state. The NLRB proposed a settlement: I delete the joke, I post information on the rights of employees to unionize, and…
Broker-Dealer Says SEC Overstepping In Sham Cos. Suit
August 24, 2020
The U.S. Securities and Exchange Commission is pushing a "radical expansion" of its rules in accusing a broker-dealer and a transfer agent of assisting a scheme to create sham companies and sell free- trading stock to the public, the two businesses told a Florida federal court. The SEC is seeking…