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The Ascertainable Standards that Define the Boundaries of the SEC’s Rulemaking Authority
In March 2022, prior to the publication of the SEC’s proposed rule on climate-related disclosures––The...
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Fairness and Impartiality Must Guide State-Court Climate Litigation
After a key Supreme Court jurisdictional decision reached earlier this year, action around climate litigation...
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Should NLRB Administrative Law Judges Pursue Other Opportunities?
On November 29, the U.S. Supreme Court will hear oral arguments about the constitutionality of...
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HHS Proposes Facilitating Abortions and Medical “Gender Transitions” for Unaccompanied Children
On October 4, 2023, the U.S. Department of Health and Human Services’ Administration for Children...
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The FCC’s Digital Discrimination Order: Overreach in Pursuit of a Worthy Goal
In the introduction I prepared for moderating a Federalist Society podcast held on June 23,...
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NRA v. Vullo: When Are Statements By Regulators Coercive?
This Term, the Supreme Court will hear the case of the National Rifle Association (NRA)...
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On Graciousness and Gratitude
Reviewing The Soul of Civility, by Alexandra Hudson Thanksgiving is an ideal time to read...
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22nd Barbara K. Olson Memorial Lecture by Bari Weiss
On November 10, 2023, Bari Weiss, Founder and Editor of The Free Press, delivered the...
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The Supreme Court’s Shrunken “Discuss List”
This post originally appeared at the Volokh Conspiracy. Buried in the commentary to the Supreme...
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The FCC Can’t Give You Net Neutrality
One provider prioritizes its own content, steering online users to its affiliated sites and services....