Pandemics can’t be fought by committee

Pandemics can’t be fought by committee

When it comes to a public-health crisis of this magnitude, you can’t fight city hall — in this case the state’s chief executive officer. As expected, the state’s highest court last week upheld Gov. Charlie Baker’s exercise of emergency powers enacted in response to...

NJ Landlords Sue Over COVID-19 Rule On Security Deposits

NJ Landlords Sue Over COVID-19 Rule On Security Deposits

Law360 (December 16, 2020, 4:43 PM EST) -- New Jersey Gov. Phil Murphy and members of his cabinet were hit with a lawsuit Tuesday by a group of landlords challenging his executive order allowing tenants to use their security deposits to cover back rent during the...

SEC Administrative Law Judges are Unconstitutional

SEC Administrative Law Judges are Unconstitutional

James Madison once said that the concentration of all government powers in one branch is “the very definition of tyranny.” Yet, today, administrative agencies regularly exercise all three of those powers. They issue rules with the force of law. They enforce laws. And...

NJ Landlords Sue Over COVID-19 Rule On Security Deposits

How The Supreme Court Could Frustrate Biden’s Plans

Law360 (January 3, 2021, 12:02 PM EST) -- President-elect Joe Biden may need to flex his administration's regulatory muscle to fulfill many of his ambitious campaign pledges, a strategy that could run headlong into a conservative U.S. Supreme Court wary of...

Stop Protecting Unconstitutional Judges

Stop Protecting Unconstitutional Judges

Imagine your amateur softball league has a bylaw that all umpires must be hired by the league commissioner. Before a big game, some emergency umps‐​for‐​hire pile out of a van and start officiating without the commissioner’s approval. You’re skeptical, but it’s...

High Court Won’t Take Up SEC In-House Judges Debate

High Court Won’t Take Up SEC In-House Judges Debate

Law360 (January 11, 2021, 11:29 AM EST) -- The U.S. Supreme Court said Monday it would not take up another challenge to the constitutionality of U.S. Securities and Exchange Commission administrative law judges, rejecting a case from a former investment adviser who...