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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...
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The NLRB’s “Laboratory Conditions” Are Overdue for Inspection
Just like campaigns for political office, union representation election campaigns are characterized by bombast, bloviation,...
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Let the Algorithm Speak?: Third Circuit Indicates in Anderson v. TikTok That the First Amendment and Section 230 are Inversely Related
Social media platforms sift user-generated content through a variety of algorithms, some of which collect...
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Florida and EPA Defend Clean Water Act Permit Program in the D.C. Circuit
In its report last month on The Biggest Enviro Cases To Watch In 2024, Law360 identified...