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Navigating the Rules of “The People’s House”
Despite its obscurity, the House rules package is essential to the operations of the House...
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Supreme Court to Decide Whether EMTALA Preempts State Abortion Laws: Idaho v. U.S. and Moyle v. U.S.
Abortion is before the Supreme Court once again. This month, the Court granted certiorari in...
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In Remembrance of Professor Charles Fried (1935-2024)
Professor Charles Fried passed away yesterday. Ben Pontz, President of the Federalist Society's Harvard Student...
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Regulatory Whiplash: Congressional Hearing Testimony Examines Impact of FSOC Authority
In November 2023, the Financial Stability Oversight Council (FSOC) issued new procedural guidance regarding the...
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How Does the Federal Reserve Fit into Our Constitutional Order?
An earlier and extended version of this essay was published in the New York Sun....
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Ballot Access, Donald Trump, and Section 3 of the Fourteenth Amendment
On January 5, 2024, the Supreme Court granted certiorari in Trump v. Anderson. It will review...
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The PREVAIL Act: Reforming Patent Challenges at the USPTO
The America Invents Act of 2011 brought fundamental changes to the U.S. patent system, one...
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Nonprofit Center for Equal Opportunity Launches “After Affirmative Action Network”
During the 2023 National Lawyers Convention breakout panel titled SFFA and Beyond, I announced that...
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Sectoral Bargaining for Rideshare Drivers in Massachusetts: Legally Dubious, Economically Disastrous
Voter initiatives can be a double-edged sword. While they often allow voters to bypass legislative...
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Rounding Error: The Eighth Circuit Invalidates a Longstanding Rule on Workplace Timekeeping
The Fair Labor Standards Act (FLSA) is more than 80 years old, a legacy...