
Blog
Congress Must Decide How to Choose Between Courts and Agency Adjudication
For some time, the Securities and Exchange Commission (SEC) has had a choice of prosecutorial forums. It has been able to choose between prosecuting violators…

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EEOC Nominee Kalpana Thinks Transparency Is an Important Value, Less Clear on Need to Abide by It
The Equal Employment Opportunity Commission may become a lot less accountable in its decision making than it was under the Trump administration should President Biden’s…

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Banning Menthol Cigarettes Will Do Nothing to Promote Racial Justice
Public support for the War on Drugs has never been lower, due in no small part to increased awareness about the devastation drug criminalization…

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Trade, Mission Creep, and the Indo-Pacific Economic Framework
President Biden announced this week a major economic agreement with a dozen countries in the Indo-Pacific region, to be called the Indo-Pacific Economic Framework…

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Court Tells NLRB Sometimes a Joke Is In Fact a Joke
In a significant win for common sense, a federal appeals court has found that sometimes a joke is just a joke, even when it…

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This Week in Ridiculous Regulations
The government’s Disinformation Board was ended before it began. President Biden invoked the Defense Production Act to address the baby formula shortage. The…