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R-CALF Files Amended Complaint in RFID Case
April 7, 2020
Harriet Hageman, Senior Litigation Counsel for the New Civil Liberties Alliance, filed an amended complaint in the Wyoming federal district court on behalf of R-CALF USA and ranchers Tracy and Donna Hunt and Kenny and Roxy Fox. In an order dated, March 6, the court authorized R-CALF USA and the…
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Living With New Realities During the COVID-19 Pandemic
April 2, 2020
The ongoing national emergency is still too new and too fluid for any of us to glean much beyond the obvious—wash your hands, stay inside, and practice kindness and grace toward others. But that has not stopped prognosticators from discussing what a post-COVID-19 nation and world will look like.…
FTC, Axon Spar Over Jurisdiction In Federal Court
April 1, 2020
Police body camera maker Axon Enterprises sparred with the Federal Trade Commission on Wednesday during a hearing held over the phone before an Arizona federal judge over whether the court can hear Axon’s constitutional challenge of the agency’s structure and merger review process. U.S. District Judge Dominic W. Lanza issued…
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Civil Liberties Firm Backs Challenge To FTC Authority
March 30, 2020
The New Civil Liberties Alliance has thrown its weight behind a constitutional challenge to the Federal Trade Commission’s in-house enforcement process, backing body camera maker Axon’s battle in Arizona federal court over an ongoing administrative merger review. The nonprofit law firm, which is led by conservative legal scholar Philip Hamburger,…
COVID-19 Executive Orders: Read the Fine Print
March 27, 2020
Many of us have heard the adage that “hard cases make bad law,” but a more apt description might be “emergencies create worse law.” In an emergency, we often expect our government to do something to help us. Sometimes, though, that something is worse than the emergency. With the…
Teleforum: Leaving Them Speechless: Does the SEC Silence Criticism?
March 23, 2020
Few Americans know that when they settle a case with the SEC (or the CFTC which has a similar “rule”) that they will be forced to agree to a lifetime gag, a subject of much concern to Americans across the political and economic spectrum. Whether in small businesses or large, Americans charged by…
Two Years Removed from Lucia v. SEC, New & Old Challenges Face Litigants
March 19, 2020
A lot of pages and energy have been spent outlining the many problems with formal, doctrinal judicial abdication like that set out by the Supreme Court in Chevron v. Natural Resources Defense Council and Auer v. Robbins. But other, more subtle judicial tendencies also distort the judicial office at…