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The Rule of Lenity: A five-minute guide to navigating the intersection of administrative and criminal law
It is not often that you think of the terms “criminal defense” and “Chevron deference”...
A New Direction For Regulation In President Trump's First 100 Days
Presidents since Franklin D. Roosevelt have set 100 days as a target for making early progress on...
Applying Heightened Scrutiny to Protectionist Alcohol Laws
Recently, the South Carolina Supreme Court issued a decision striking down a state law that...
Differing Levels of Scrutiny for Economic Regulations: "Anything Goes" Rational Basis v. Rational Basis "With Bite"
Recently, the South Carolina Supreme Court issued a decision striking down a state law that...
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Rubber playground material, state constitutions, and choices in education
My Goldwater Institute colleague Jonathan Butcher writes over at See Thru Edu about how SCOTUS's...
Could Economic Liberty Litigation Free the Booze?
Recently, the South Carolina Supreme Court issued a decision striking down a state law that...
[ARTICLE]: Warning to Corporate Counsel: If State AGs Can Do This to ExxonMobil, How Safe Is Your Company?
Professor John Baker writes for the Georgetown Law Journal: Nation-states have long fought wars for...
Cybersecurity and Corporate Boards
One of the most serious challenges facing both the public and private sectors is cybersecurity. Gus...
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5G Boasts $3.5 Trillion in Benefits, If the Government Doesn't Get in the Way
David Teece writes for Morning Consult: The central goal of the Trump administration is to...
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"Uncommonly Silly"—and Correctly Decided: The Right and Wrong of Griswold v. Connecticut and Why It Matters Today
It is one of the Supreme Court’s most consequential and controversial decisions, and no one should...