Articles

Law & Liberty : Jarkesy and Chicken Little Law Professors

January 18, 2024 | By OLIVER DUNFORD

Just about every time a case involving the administrative state heads to the Supreme Court, we’re subjected to hysterical warnings of the end of the world. A recent piece in The Atlantic might set a new standard for apocalyptic fearmongering. NYU Law Professor Noah Rosenblum frets that what he calls a garden-variety securities fraud case  ...

Articles

California takes three years to approve wheelchair-friendly home for stroke victim

October 31, 2022 | By OLIVER DUNFORD

  Sloth: inactivity, carelessness   The were trapped David Tibbitts’ debilitating stroke in 2018 left him confined to a wheelchair. Stephanie, his wife, was having trouble moving David around the narrow hallways of their cramped 1930s-era home on the California coast. It wasn’t supposed to be like this. For 20 years, Stephanie ...

Articles

The Hill : Why an Oklahoma family business is fighting the Consumer Product Safety Commission

October 31, 2022 | By OLIVER DUNFORD

The Consumer Product Safety Commission (CPSC) has set its sights on a small company in Oklahoma. Despite an excellent safety record by Leachco Inc., the CPSC claims its infant-lounging pillow is a safety hazard. … ...

Articles

Court-packing is a terrible idea. FDR proved it.

July 07, 2022 | By OLIVER DUNFORD

After the Supreme Court handed down its controversial Dobbs decision, reporters asked White House Press Secretary Karine Jean-Pierre if the president would consider adding more seats to the Supreme Court—”packing” it with Justices who’d support the president’s agenda. “So, I know I’ve… I was asked this questi ...

Articles

Capital Press : Supreme Court should guarantee property owners their due process rights

October 05, 2021 | By OLIVER DUNFORD

The free, non-harmful, and productive use of private property is a cornerstone of the American Dream. And proper regulation, to prevent harmful uses of property, is consistent with this principle. But government agencies too often abuse their regulatory authority. They issue compliance orders, drag landowners through seemingly endless administrativ ...

Articles

The Hill : Gavin Newsom thought he could override the Constitution — now he faces a recall

August 30, 2021 | By OLIVER DUNFORD

On Sept. 14, California voters head to the polls to decide Gov. Gavin Newsom’s fate in a historic recall election. Perhaps the biggest motivating factor behind the recall effort is Newsom’s aggressive COVID-19 pandemic response, in which he unilaterally issued orders for school, business and church closures; mask mandates; and other dem ...

Articles

The Hill : The ‘new’ FTC will run roughshod over the rule of law

August 09, 2021 | By OLIVER DUNFORD

Lina Khan, the new chairwoman of the Federal Trade Commission (FTC), generated a lot of attention after leading the agency’s five commissioners — on 3-2 partisan lines — to adopt a series of proposals that concentrate power in the chair herself, streamline and centralize agency rulemaking, and authorize sweeping investigations and enforce ...

Articles

The Hill : Can Kentucky’s governor ignore the law?

June 07, 2021 | By OLIVER DUNFORD

On June 10, the Kentucky Supreme Court will hear oral argument in a pair of cases addressing whether Gov. Andy Beshear can ignore the laws of the commonwealth. These cases will be watched by other states considering reforms to emergency powers. In litigation last year, Gov. Beshear correctly argued that Kentucky’s emergency-powers laws “ ...

Articles

Jurist : Accountability in the administrative state

March 03, 2021 | By OLIVER DUNFORD

The modern Administrative State “wields vast power and touches almost every aspect of daily life.” Ensuring accountability for the officials who exercise this vast power is no simple task. But the Supreme Court has the opportunity to improve what Madison called the “chain of dependence”—so that “those who are employe ...