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Climate and the Courts: Juliana Oral Arguments
How much can the federal courts do on a climate change? If you want more...
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New article: Have the American People Irrevocably Ceded Control of Their Government to the Modern Administrative State?
The past few years have witnessed a surge of writing by conservative intellectuals about the...
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New article: Whistling in Chevronland
As a rule, a federal court defers to an agency’s reasonable resolution of ambiguities in...
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Top Scholars, Diverse Religious Groups Ask SCOTUS to Reconsider Employment Division v. Smith—Again.
Twenty-nine years ago, a large and diverse group of legal scholars and religious organizations joined...
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Money and the Constitution: Money, Credit, and Interest Rates
In a previous post, I explained that at this year’s National Lawyers Convention, in November,...
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Of Class Actions and Usury - Shrinking Credit in the Second Circuit
Federal law provides that a bank extending credit is only subject to the usury laws...
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After More Than 30 Years, the Supreme Court Reopens the Door To Federal Takings Claims
Introduction The opinions in June’s ruling by a sharply-divided Supreme Court, Knick v. Township of...
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Give Me a Break: The Need for DOL to Review Outdated and Stifling Workplace Rules
As the U.S. Department of Labor (DOL) prepares for new leadership in the coming months,...
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Money and the Constitution: What About Inflation?
Happy to see that my colleague, Bert Ely, has started a conversation about “Money and...
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Powers Reserved to the States
Below are the first three paragraphs to the newly published article in the Federalist Society...