by judy.pino@ncla.legal | Aug 27, 2020 | Mark Chenoweth, Opinion
The U.S. Supreme Court’s June 29, 2020 decision in Seila Law LLC v. Consumer Financial Protection Bureau fixed a glaring constitutional defect in the way Congress structured the Consumer Financial Protection Bureau (CFPB or Bureau). “[D]eviat[ing] from the structure...
by will.gale | Nov 16, 2021 | Opinion, Richard Samp
The U.S. Supreme Court on October 29 agreed to review a 9th U.S. Circuit Court of Appeals decision that broadly construed the right of individuals to file suit for infringement of their constitutional rights — a sure sign the 9th Circuit will once again be...
by judy.pino@ncla.legal | May 9, 2022 | Covid-19 Articles, Opinion
After six months of suspension, Rhode Island, in its munificence, has permitted the “defiant” maxillofacial surgeon Dr. Stephen Skoly to reopen his medical practice. Of course, in the mind of the state, the suspension was always Skoly’s own fault. If only he had...
by helen.taylor@ncla.legal | Jul 26, 2022 | Opinion, Russ Ryan
Imagine a dystopian world where Congress empowers a private corporation to secretly investigate and punish members of a particular profession — say, auditors. Think of a private version of the Securities and Exchange Commission (SEC), but with evergreen funding that...
by judy.pino@ncla.legal | Jan 8, 2022 | Kara Rollins, Opinion
When Vox Media employees walked out during a bargaining dispute in 2019, Twitter users tweeted along.[2] Among the commentators was Ben Domenech, the publisher of the web magazine The Federalist. He tweeted from his personal account, “FYI @fdrlst first one of you...
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...