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Supreme Court to Review Fifth Circuit’s Deviation from Common Law Limits on Use of Force in Barnes v. Felix
The Supreme Court recently agreed to hear Barnes v. Felix. The case concerns how to...
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Due Process on Campus: Part III in a Series on the Biden Administration’s Final Title IX Rule
On April 29, 2024, the Department of Education published a 423-page final rule amending its...
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The D.C. Circuit's Approach to Stays on EPA Rules
The D.C. Circuit rarely stays EPA rules as it considers challenges to them, and seldom...
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The Fed’s Remarkable ‘Independence’ Claim
This post originally appeared in The Daily Economy. In the course of human events, the...
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Chinese American Citizens Alliance of Greater New York v. Adams: Second Circuit Rules Case Challenging Admissions Policy Change for NYC’s Specialized High Schools Can Move Forward
On September 24, 2024, after nearly six years of litigation, the U.S. Court of Appeals...
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TikTok v. Garland Oral Argument: Did TikTok Admit It Doesn’t Have First Amendment Rights?
2024 has been a big year for social media litigation. Social media companies have successfully...
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California's War on Satire and a Victory for the First Amendment
Information technology revolutions inevitably raise hard questions about the scope of the First Amendment’s free...
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May Nonprofits Endorse or Oppose Candidates?
For 70 years, the IRS has contended that the so-called Johnson Amendment proscribes any not-for-profit...
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Reestablishing Congressional Oversight of Federal Regulations
In July, the House Committee on Administration held a hearing examining whether Congress was prepared for the...
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Chevron in the States: Where Is Deference Still in Effect, and How Can States Eliminate It?
The next battles over administrative law will unfold in state capitols, state courts, and state...