Articles

How the Consumer Product Safety Commission targeted Leachco and lost

September 30, 2024 | By OLIVER DUNFORD

Raymond Donovan, Secretary of Labor for President Reagan, was accused of defrauding New York City back when he headed up a construction firm. He was forced to resign from the Reagan administration but was later acquitted of the fraud charges. Afterward, he famously asked, “Which office do I go to to get my reputation back?”  … ...

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Discourse : In SEC v. Jarkesy, the Supreme Court Restored Core 7th Amendment Protections

September 05, 2024 | By OLIVER DUNFORD

It all began in 2013, when investment adviser George Jarkesy was accused by the Securities and Exchange Commission (SEC) of securities fraud. But instead of proving its case against Jarkesy to an independent judge and jury, SEC lawyers turned to an SEC tribunal and an SEC-employed administrative law judge to prosecute the defendant. When that R ...

Articles

State of the Modern Administrative State

March 05, 2024 | By OLIVER DUNFORD

The Constitution requires the president “from time to time” to “give to the Congress Information of the State of the Union.” Today, the State of the Union address is a performative event. But as George Will likes to remind us, ’twas not always thus: President Thomas Jefferson gave his thoughts to Congress in writing— ...

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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  ...

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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 ...

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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 ...

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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 ...

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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 ...