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Defending Substantive Due Process on Originalist Grounds
Evan Bernick and Randy Barnett have written a wonderful paper called “No Arbitrary Power: an...
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FTC v. Qualcomm: Innovation and Competition
Just days before leaving office, the outgoing Obama FTC left what should have been an...
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Principles and Restatements: Is the American Law Institute Jumping the Shark?
The American Law Institute was formed in 1923 by such legal luminaries as Chief Justice...
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EPA Reconsiders its Use of Co-Benefits in Cost-Benefit Analysis
In the last days of 2018, EPA invited comment on a proposal (the revised...
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The Second Amendment In The New Supreme Court [Live Stream]
With not one but two new justices, will the Roberts Court finally resolve the constitutional...
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Reconsidering the Legal Status of Agency Guidance
Late last year, the U.S. Department of Justice (DOJ) took a quiet but significant step...
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Docket Watch: State ex rel. McCann v. Delaware County Board of Elections
On first glance, State ex rel. McCann v. Delaware County Board of Elections,[1] an...
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Docket Watch: Blankenship v. Secretary of State
After Don Blankenship lost his primary bid to be the Republican candidate in the 2018...
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The DOJ's Approach to False Claims Act Enforcement
The U.S. Senate will soon begin the confirmation hearings for William P. Barr to be...
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Government Shutdown and Deregulation
According to my George Washington University Regulatory Studies Center colleague, Bridget Dooling, a lengthy federal...