Tag Archives: Constitutionality

Scott-Hayward & Ottone on the Constitutionality of California's Bail System

Christine S. Scott-Hayward (California State University, Long Beach – School of Criminology, Criminal Justice, and Emergency Management) & Sarah Ottone (Georgetown University, Law Center, Students) have posted Punishing Poverty: California's Unconstitutional Bail System (70 Stan. L. Rev. Online 167 (2018)) on … Continue reading

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Researchers May Challenge the Constitutionality of the CFAA “Access” Provision as Applied to Web Scraping

Such Scraping “Plausibly Falls within the Ambit of the First Amendment” The Ninth Circuit is currently considering the appeal of the landmark hiQ decision, where a lower court had granted an injunction that limited the applicability of the federal Computer … Continue reading

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Justices hear oral argument on constitutionality of SEC ALJs

By Rodney F. Tonkovic, J.D.The Supreme Court has heard oral argument in Raymond Lucia's case disputing the constitutionality of the SEC’s administrative law judges. Lucia has asked the court to reverse a D.C. Circuit holding that the ALJ’s are employees … Continue reading

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Siegel on the Constitutionality of Chevron Deference

Jonathan R. Siegel (George Washington University Law School) has posted The Constitutional Case for Chevron Deference (Vanderbilt Law Review, Forthcoming) on SSRN.  Here is the abstract: Prominent figures in the legal world have recently attacked the doctrine of Chevron deference, suggesting that … Continue reading

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CFPB’s Constitutionality Affirmed in En Banc DC Circuit Ruling

Sitting en banc, the U.S. Court of Appeals for the DC Circuit ruled that the Consumer Financial Protection Bureau’s (CFPB) structure is constitutional. By a vote of 7 to 3, the full panel of judges reversed an earlier panel decision that took … Continue reading

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