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When Your SEC Prosecutor Is Your Judge, Scandals Surely Follow

When Your SEC Prosecutor Is Your Judge, Scandals Surely Follow

by helen.taylor@ncla.legal | Aug 3, 2022 | Kara Rollins, Opinion, Peggy Little

“Agencies that combine enforcement and adjudication—as many do—are unconstitutional. But convenient for the government,” law blogger Glenn Harlan Reynolds posted earlier this year. For those who follow SEC enforcement, particularly adjudication by in-house...
Trump’s “Regulatory Bill of Rights”: OIRA’s Implementing Memorandum is Heading in the Right Direction

Trump’s “Regulatory Bill of Rights”: OIRA’s Implementing Memorandum is Heading in the Right Direction

by judy.pino@ncla.legal | Oct 8, 2020 | Blog, Kara Rollins

  Over the summer I wrote about Executive Order 13924, which attempts to lessen the administrative burdens faced by private individuals and businesses by reining in the administrative state. In addition to directing agencies to rescind, modify, or waive...
Grading Agency Progress on Executive Order 13891: A Scorecard for Section 3(a)

Grading Agency Progress on Executive Order 13891: A Scorecard for Section 3(a)

by judy.pino@ncla.legal | Jun 11, 2020 | Blog, Kara Rollins

Last fall, President Trump issued two Executive Orders aimed at reining in unlawful administrative state action. Together, the orders represented a welcome change for regulated parties, who too often find themselves in regulatory agencies’ crosshairs with little...
Trump’s “Regulatory Bill of Rights”: A Good Start

Trump’s “Regulatory Bill of Rights”: A Good Start

by judy.pino@ncla.legal | Jun 30, 2020 | Blog, Kara Rollins

  Executive Orders are one source of egregious expansions of administrative power, and NCLA litigators frequently challenge unconstitutional exercises of lawmaking by executive fiat. For example, see NCLA’s recent amicus brief challenging the authority of the...
Trump’s “Regulatory Bill of Rights”: OIRA’s Implementing Memorandum is Heading in the Right Direction

Trump’s “Regulatory Bill of Rights”: Where to Go Next

by judy.pino@ncla.legal | Jul 14, 2020 | Blog, Kara Rollins

In a previous post, we discussed the new and welcome regulatory changes made by President Trump in Executive Order 13924 last month, a significant victory for civil liberties. But while excitement is warranted for these positive developments, many further reforms,...
“Due Process Demands More than This.” – South Carolina Court Finds State’s Asset Forfeiture Regime Unconstitutional

“Due Process Demands More than This.” – South Carolina Court Finds State’s Asset Forfeiture Regime Unconstitutional

by nclaadmin | Oct 28, 2019 | Blog, Kara Rollins

  Asset forfeiture is the process local, state, and federal law enforcement agencies use to seize property they allege was used to facilitate a crime or is the result of a crime. It is a vestige of English law that was used to combat piracy. Or maybe more accurately...
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