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Fair notice and the nondelegation doctrine: A due process lens
Debates over the nondelegation doctrine usually begin with constitutional structure. Article I vests “[a]ll legislative Powers” in Congress, so when Congress gives agencies sweeping discretion…
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The major questions doctrine at a crossroads
In Learning Resources v. Trump, the Supreme Court held that the International Emergency Economic Powers Act (IEEPA) does not authorize President Trump’s tariffs. This…
Bloomberg Law
Trump’s Plan to Control More Civil Servants Disrupts Opposition
Bloomberg Law cites CEI’s Devin Watkins on Trump’s civil service overhaul. Trump’s civil service overhaul could still be challenged in court once the OPM finalizes…
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Free the Economy podcast: Transparency for government, privacy for people with Brian Hawkins
In this week’s episode we talk discuss Tim Carney’s view on why big government is good for big business, Stone Washington on the…
Blog
A remembrance: C. Boyden Gray, 1943-2023
We mourn the passing of C. Boyden Gray. He was a man of his family, the law, and his country. Boyden served in the highest…
Blog
Time to rip the veil of secrecy off government agencies’ in-house courts
In a previous piece, we explored some of the pros and cons of administrative law courts (ALCs). These are regulatory agencies’ special in-house courts,…
Blog
New Jersey fishermen challenge Chevron deference
Big news out of the Supreme Court this week as justices have agreed to hear a lawsuit challenging the so-called Chevron doctrine, a policy requiring…
News Release
Report: Civil Forfeiture Policy Unjustly Deprives People of Property
An updated Competitive Enterprise Institute report calls attention to five myths used to justify the unjust law enforcement practice known as civil asset forfeiture.
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Five Myths of Civil Forfeiture
Executive Summary Every year, federal, state, and local government agents take—and permanently keep—billions of dollars of Americans’ property through civil forfeiture. The practice of civil…
