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Is the Administrative State Inevitable? Loper, Chevron, and the “Abnegation” of Law
Last month, the Supreme Court granted cert in Loper Bright Enterprises v. Raimondo. Though the case...
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America’s Moral Compass Must Always Point to True North
Christopher Nolan’s blockbuster film, Oppenheimer, has reignited the decades-old debate over whether the United States...
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How Bad Is Independent Contractor Law?
Patrick McManus (1933-2018), author of such classics as “Never Sniff a Gift Fish,” also wrote...
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Former NTIA Administrators Discuss Federal Spectrum Coordination
We all rely on our wireless devices daily, but most people probably don’t think about...
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How Much Should Courts Defer to U.S. Sentencing Guidelines Commentary?
The federal circuit courts are irreconcilably split on a weighty question: How much deference should...
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New DOJ Guidance on Corporate Compliance and Third-Party Messaging Platforms
For decades, electronic communications such as e-mail have played a central role in e-commerce and,...
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Age Verification for Social Media: A Constitutional and Reasonable Regulation
In March, the Utah Social Media Regulation Act, S.B. 152, became law. It adopts almost...
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New START, Nuclear Weapons, and the New Landscape: Arms Control and Deterrence Post-Ukraine
In the winter of February 2023, Russia’s President Vladimir Putin announced that Russia was withdrawing...
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The Major Questions Doctrine and the Tech and Telecom Sectors After West Virginia v. EPA
Last year, the Supreme Court issued its landmark decision in West Virginia v. EPA in...
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The Numbers Reveal a United Supreme Court, and a Few Surprises
As the United States Supreme Court concluded its 2022 term, the knives were already out....