Latest Blog Entries

William Suter: Executive Power on Steroids

By admin on Apr 23, 2014

William Suter writes at the Hoover Institution’s Defining Ideas blog: Much has been made recently about the Obama administration’s aggressive and excessive use of executive power. Examples include making recess appointments when the Senate was not in recess and repeatedly changing significant parts of the Patient Protection and Affordable Care Act (Obamacare) without express legislative …

Kennedy’s Question: How will the Court decide Hobby Lobby?

By admin on Apr 21, 2014

Adam J. White writes in the upcoming issue of the Weekly Standard: Kennedy’s Question How will the Court decide Hobby Lobby? Adam J. White April 28, 2014, Vol. 19, No. 31 We often think of the Constitution as a two-part document: first the original 1787 text, which primarily establishes the government’s structure; and then the amendments, …

Update On Official Manhattan Contrarian Predictions

By Francis Menton on Apr 18, 2014

Editor’s Note: This post appeared on the Manhattan Contrarian blog on April 17, 2014   Here at the Manhattan Contrarian, we don’t make a lot of predictions.  But we veered from that path with a few Official Manhattan Contrarian Predictions at the end of last year.  This was the first one: I predict that the number of “uninsured” …

2nd Annual Executive Branch Review Conference: NEW SPEAKERS ANNOUNCED!

By admin on Apr 17, 2014

Second Annual Executive Branch Review Conference Executive Branch Review Project Click here to register Start : Wednesday, May 7, 2014 9:00 AM End   : Wednesday, May 7, 2014 3:00 PM   Add To Your Calendar      Location: The Mayflower Renaissance Washington, DC Hotel 1127 Connecticut Ave NW Washington, DC 20036 (202) 347-3000     A key element of the Practice …

Regulator Without Peer: By at least one measure, Obama surpasses all of his predecessors.

By admin on Apr 17, 2014

The Wall Street Journal reports: Anyone wondering why the U.S. economy can’t seem to grow at its usual pace should examine one product category where production is booming: federal regulation. Washington set a new record in 2013 by issuing final rules consuming 26,417 pages in the Federal Register. While plenty of government employees deserve credit …

Obama Announces Executive Orders on Gender and Pay

By Alison Somin on Apr 16, 2014

Recently, President Obama issued two executive orders intended to curb pay disparities between men and women. One prohibits federal contractors from retaliating against workers who discuss their compensation, and the other requires federal contractors to submit employee pay data, broken down by sex and race, to the Department of Labor.  Although it is not known …

What Does the Sixth Circuit’s EEOC v. Kaplan Decision Say About the EEOC’s Enforcement Priorities?

By Alison Somin on Apr 16, 2014

The Sixth Circuit recently handed down EEOC v. Kaplan, a disparate impact employment discrimination case that has attracted attention  for so sharply criticizing the EEOC’s positions. Because the Sixth Circuit resolved this case on the basis of whether key expert testimony was admissible (see below for a summary of this issue),  it did not reach …

3-U.S. appeals court finds conflict-minerals rule violates free speech

By admin on Apr 15, 2014

Reuters Reports: (Reuters) – A U.S. appeals court on Monday struck down parts of a regulation that forces public companies to disclose if their products contain “conflict minerals” from a war-torn part of Africa, saying it violates free speech rights. The ruling by a three-judge panel of the U.S. Court of Appeals for the District …