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Congress Must Decide How to Choose Between Courts and Agency Adjudication
For some time, the Securities and Exchange Commission has had a choice of prosecutorial forums:...
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Tweet at Your Own Peril: The Third Circuit Holds that Anyone—Literally Anyone—Can File an Unfair Labor Practice Charge
We’ve all been there: It’s late in the afternoon, and you’ve spent the last few...
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New Article on the INDEX Act
Alex Pollock continues the discussion of how to fix the unhealthy concentration in corporate voting power held by...
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What Ever Happened to “Count Every Vote”?
In this era of hotly contested elections and claims of voter fraud and suppression, many...
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New article: The Roots of Wokeness
Professor Gail Heriot of the University of San Diego School of Law writes that we...
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The False Halcyon of Heller: The Federal Juridical Response to Second Amendment Rights
On the narrowest reading, District of Columbia v. Heller and McDonald v. City of Chicago...
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The ABA is Stretching the Limits of Law with Diversity, Equity, and Inclusion Rule
The ABA recently put forth a newly revised Standard 206 on Diversity, Equity, and Inclusion....
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Stretching the Limits of Judicial Deference to the Military
In the early days of the litigation against the Department of Defense’s COVID-19 vaccine mandate,...
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The Biden Administration’s Proposed Charter School Rules
Since 1994, federal grants offered to state education agencies and other qualified applicants through the...
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Religious Liberty Update on Congressional and Executive Branch Actions
Congress 1. In the wake of the unprecedented leak of the draft Dobbs decision on...