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Author: Daniel Ortner

May 18, 2020

The Hill: Education’s new rules on sexual harassment restore fairness — and it’s about time

Nine years ago, the Obama administration mandated changes to how colleges and universities handle allegations of sexual harassment and assault. Those changes violated both the right of college students to due process and the right of the general public to a rulemaking process that is accountable to the people and not the whims of government ...

May 04, 2020

The Hill: Adjourning Congress to make appointments would be an unconstitutional power grab

Frustrated by the Senate's lack of progress on advancing his judicial nominees, President Trump recently threatened to adjourn Congress to install his nominees via recess appointments. Every president wants to secure confirmation of his nominees, but President Trump's idea is counter to separation of powers principles and Supreme Court precedent. O ...

May 04, 2020

DailyJournal: The Utah Supreme Court leads the way in its coronavirus response

Every year roughly 24,000 students graduate from ABA-accredited law schools and begin the arduous and time-intensive preparations for the July bar exam. This year, however, the coronavirus pandemic has thrown that routine into chaos and left thousands of young attorneys with uncertain futures. In response, many have called for easing the burdens th ...

April 24, 2020

Using the Defense Production Act to commandeer medical supplies manufacturing will discourage production

The COVID-19 pandemic is causing shocking shortages of critical medical supplies such as N95 masks and ventilators. In the face of these alarming headlines, many have called on the president to invoke the Defense Production Act (DPA) to order their production. President Trump himself has swung wildly from refusing to use the DPA to rhetorically ...

March 09, 2020

Jurist: States should not adopt a speech code for lawyers

Attorneys litigate on both sides of some of the most contentious issues in the country: affirmative action, rent control, abortion rights, gun rights, you name it. Sometimes the positions attorneys take may be seen as offensive, as those positions may run contrary to more "popular" opinions. But in our adversarial system of justice, free speech ...

February 24, 2020

The Hill: It’s time for the Supreme Court to treat all speech equally

In a free society, speech at times can be annoying, obnoxious, unsettling or offensive. Panhandlers and political protesters can approach you on the street. Controversial ideas can be expressed on tee shirts, bumper stickers or license plates. And governments cannot block speech merely because it is irritating or bothersome — unless you are talki ...