Separation of Powers

If you’re accused of a crime in the United States, Article III of the U.S. Constitution guarantees that you will receive a trial by jury. The Sixth Amendment expanded that right to also guarantee “a speedy and public trial, by an impartial jury,” in which you are “confronted with the witnesses against you,” can compel ...

Lately, the Supreme Court has rewritten the textbooks for the study of regulation, known as administrative law. Most scholars ascribe the legal upheaval to politics, period. They say the Court’s conservative majority is shaping the law in line with its “anti-regulatory” beliefs. The Justices’ values are important, to be sure ...

On Tuesday, SpaceX founder and CEO Elon Musk filed a federal lawsuit against the California Coastal Commission. The past week has been a mix of successes and setbacks for Musk, who celebrated the victorious test flight of the SpaceX Starship rocket on Sunday, just days after the California Coastal Commission put the kibosh on plans … ...

In 2023, rural Iowa landowner Dan Ward found himself at odds with the Army Corps of Engineers over a construction project deemed to be in violation of the Clean Water Act. Nearing retirement, Dan plans to spend the next chapter of his life on his property in southern Iowa. His first step was building a … ...

The Constitution’s guarantee of the right to a jury trial is more remarkable than we recognize. In fact, most of us give little to no thought to the institution of jury trials until we receive a jury duty summons in the mail. While a summons might invoke a fair amount of annoyance at having to … ...

Regardless, giving those brought into agency proceedings the option to remove the case to an actual court would secure their constitutional rights while not overwhelming federal courts. … ...

Summer vacation is over for the Supreme Court. On October 7, the Justices will start hearing cases again in a term that is shaping up to be decidedly less exciting than the previous few. Whereas the Court has recently tackled hot-button issues ranging from racial preferences to abortion, the current docket mostly has to do … ...

We expect the FTC will continue to fight for broad power to tell small businesses how they should operate. And I will continue to stand up for my son’s right to organize his business in the best way for both ATS and its employees. … ...

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?”  … ...