Tag Archives: Constitutionality

Constitutionality of Reconstituting the City of Toronto

On Oct. 20, 2018, the City of Toronto its 86th municipal election, the largest city in Canada, with the 6th largest government in the country and nearly 8% of the entire country’s population. On July 27, 2018, just a few months before this … Continue reading

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Update on Lucia v. SEC and the Constitutionality of ALJs

As we reported, on June 21, 2018, the United States Supreme Court issued its decision in Lucia v. Securities and Exchange Commission, finding the SEC’s administrative law judges to be unconstitutionally appointed. In anticipation of the Court’s ruling, on December … Continue reading

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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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