Articles

In every state except Massachusetts, at least some types of fireworks are legal. As you prepare for your New Year's Eve celebrations, however explosive, pour one out for the quarantined fireworks that are supposedly prohibited under a peculiar federal regulation, a challenge to which has taken a family-owned business all the way to the doors of the ...

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?"  Leachco, a small fa ...

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 judge ...

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—a salutary practice ended b ...

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 could "des ...

  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 a ...

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. But the bureau's narrative is aggressive and its actions violate the Constitution's separation of powers at every stage. In 1988, Jamie ...

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 question yesterday, and I've been asked ...

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 ...