by judy.pino@ncla.legal | Oct 21, 2020 | Opinion, Peggy Little
Imagine Congress enacting a law providing that every trade you or your broker makes in the stock market must be reported to the Securities and Exchange Commission for storage in a government database. This forced surrender is analytically no different from reporting...
by judy.pino@ncla.legal | Feb 22, 2022 | Opinion, Peggy Little
On December 10, 2021, the Pennsylvania Supreme Court unanimously affirmed,[1] on expedited direct appeal, a state trial court opinion[2] nullifying the state Department of Health’s mask mandate for all public schools. The Supreme Court agreed with the en banc trial...
by judy.pino@ncla.legal | Dec 25, 2021 | Blog, Peggy Little
“Every case lays down a rule, the rule of the case…But a later court can reexamine the case…In the extreme form this results in what is known as expressly ‘confining the case to its particular facts.’ This rule holds only of redhead walpoles in pale magenta...
by judy.pino@ncla.legal | Sep 24, 2021 | Blog, Peggy Little
I give up. Now I realize fully what Mark Twain meant when he said, “The more you explain it, the more I don’t understand it.” Justice Robert H. Jackson, dissenting in Chenery Corp. v. SEC, 332 U.S. 194, 214 (1947) Justice Robert H. Jackson has long been...
by judy.pino@ncla.legal | Sep 23, 2021 | Opinion, Peggy Little
The Third Circuit Court of Appeals will shortly hear argument on a case involving a light-hearted joke and the heavy hand of the administrative state. The case presents the court with the opportunity to restore actual aggrievement to the labor law’s explicit statutory...
by judy.pino@ncla.legal | Aug 19, 2021 | Opinion, Peggy Little
U.S. Secretary of Education Miguel Cardona quietly blogged on July 16, 2021, that the U.S. Department of Education has apparently rescinded its “Proposed Priorities—American History and Civics,” which was published for public comment in the Federal Register in April....
