Articles submissions for Vol. 37, Issue 2 are now open

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Notice & Comment

 

A few months back I “wonder[ed] what Judges Randolph and Henderson (the panel majority in Kiyemba) think of today’s decision [in Qassim v. Trump].” We now know the answer, at least for Judge Henderson: She disapproves. Let’s back up. Qassim is about whether procedural due process applies to detainees held at Guantanamo Bay. The D.C. […]
On September 3, 2019, the Federal Communications Commission released a Notice of Proposed Rulemaking intended, as the caption of the proceeding has it, to promote “streamlining of administrative hearings.” The agency declares that the “procedures outlined here are designed to supplement the Commission’s current administrative law judge referral process and promote more efficient resolution of […]
Summary:  Does the federal government’s delegation of its power to take property by eminent domain to private entities allow such entities to bring a federal or state action to acquire state-owned property (despite states’ “Eleventh Amendment” immunity? The Natural Gas Act (“NGA”), 15 U.S.C. §§ 717–717z, allows private gas companies to exercise the federal government’s […]
From for the Federalist Society website, here are the details on this year’s Article I Initiative Writing Contest: The Nondelegation Doctrine: Intelligible Principle or Unworkable Standard? The Federalist Society’s Article I Initiative is focused on the critical issue of why the modern Congress is not functioning as the most powerful branch as envisioned by the […]

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