I have a very immodest proposal: let’s flip the presumption of Auer deference so that the regulated party, rather than the regulatory agency, gets the benefit of any ambiguity in a regulation? We’ll start here, but it should be noted for the record that the same logic extends to Chevron deference also. Think about it. In contracts, this […]

On September 13, 1810, William Cushing passed away in Scituate, MA. Cushing had served his nation in a number of important and prestigious roles: Chief Justice on the Supreme Judicial Court of Massachusetts during the Revolution, one of the six original Associate Justices of the Supreme Court of the United States (where he served for […]

So, selling ironic coffee mugs generated a hair over $130 as of August 14, 2017. It just so happened that a project on DonorSee was $130 shy of its funding goal. How fitting, then, to start this new endeavor: Amos has Cerebral Palsy. He is 3 years old but weighs only 5kg. His Dad died […]

I will save you and you shall be a blessing. –Zechariah 8:13 From everyone to whom much has been given, much will be required; and from the one to whom much has been entrusted, even more will be demanded. –Luke 12:48 With great power comes great responsibility. —Benjamin Parker As we explain elsewhere, we here […]

Attorney General Jeff Sessions announced Tuesday that the administration will end the Deferred Action for Childhood Arrivals initiative begun by its predecessor. DACA provided otherwise law-abiding illegal aliens brought here by their parents some relief from the fear of deportation, along with work permits and sundry other benefits. Much of the controversy so far focused […]

This essay is part II of a series authored by Tanya Abrahamian looking at the expansion of takings following the Supreme Court’s decision in Kelo v. New London. The essays support a reversion to a narrow conception of public use by describing the economic underpinnings of the authority and by countering what it deems to […]

The past weekend’s white nationalist rally in Charlottesville meant déjà vu all over again regarding the status of “hate speech” under the First Amendment. As a positivist matter this debate is a nonsense: uncountable cases made it quite clear over the past hundred years that bigots are entitled to speak their mind. “Hate speech” is […]

On August 8, 2017, the State of Oklahoma suffered a major jurisdictional defeat.  In Murphy v. Royal, —F.3d—, 2017 WL 3389877 (10th Cir. Aug. 8, 2017), it was held that a large swath of Oklahoma, including the Tulsa metropolitan area, falls within a reservation of the Creek Nation; that the Creek Reservation has never been disestablished […]

Another weekend, another spectacle. This time it took the form of a “#UniteTheRight” rally in Charlottesville, Virginia, where the self-appointed saviors of Western Civilization gathered to congratulate themselves on their self-proclaimed cultural superiority. On Friday evening, a subset of these gathered to lead a torch-lit march through the campus of the University of Virginia, for […]

The Supreme Court’s recent decision in Kelo v. City of New London sanctioned the use of eminent domain authority for private development. This decision was the culmination of a line of cases, each of which gradually eroded the public use constraint articulated in the Fifth Amendment. The first uses of eminent domain, at the time […]