The Fed’s Nondelegation Problem as a “Quasi-Private” Entity, by Domenic Powell

For the Balkinization symposium in honor of Ken Kersch  Mark A. Graber  The most feared curse in the American academy is “May Reviewer #2 write your obituary, speak at your memorial service, or pen a memorial essay.”  I was the infamous reviewer #2 for Ken Kersch’s first book, Constructing Civil Liberties: Discontinuities in the Development of American Constitutional Law.  Within a few pages, I recognized that my recommendation was going to be positive.  The manuscript obviously merited publication by the best university presses in the United States.  Kersch knew stuff.  The text combined remarkable elbow grease with a sophisticated theoretical foundation.  After making a brief note that some of the jargon might be reduced, I largely stopped grading the manuscript and started learning. Constructing Civil Liberties has much to teach.  Professor Kersch challenged the view that contemporary liberal perspectives on…

* Surrender firms basking in coverage suggesting they view Trump deals as empty gestures. Yes, and all those big ticket partner defections are just coincidental. [Bloomberg Law News] * Profile of Robert Guiffra’s embrace of Roy Cohn role. [Business Insider] * Reviewing Goodwin’s EEOC disclosures. [American Lawyer] * Proposed legal aid cuts result in “devastation.” But on the other hand, the country is on track to massively grow the deficit too. [ABA Journal] * Oklahoma will retry former death row inmate now that AG is running for governor. [Reuters] * California sues over Trump’s National Guard seizure. [Law360] * Anthony Weiner mounts comeback. Wait, really? [Courthouse News Service] The post Morning Docket: 06.10.25 appeared first on Above the Law.

Russian forces have used more than a dozen types of antipersonnel mines since its full-scale invasion of Ukraine began in February 2022, causing thousands of civilian casualties and contaminating vast tracts of agricultural land. The antipersonnel mines have been emplaced by hand, delivered by rockets, and—as a report from my colleagues at Human Rights Watch has documented—dropped from drones. Now some neighboring countries, concerned about Russian aggression, are moving to withdraw from the international treaty ratified by 165 countries that comprehensively bans antipersonnel mines. Russia, China, the United States, and several other countries, are not party to the treaty, but most of Russia’s European neighbors are, including Ukraine. As documented in the report, Russian forces are modifying commercial quadcopter drones to scatter antipersonnel mines in and around the city of Kherson, as part of a campaign that has killed dozens of civilians and injured…

Every Ontario employer has a duty to accommodate an employee's disability up to the point of undue hardship.An employee is however responsible for requesting the accommodation and providing the employer with adequate information about the nature of his or her request.This includes producing supporting medical documentation, if requested. - Garry J. Wise, Toronto Visit our Toronto Law Office website: www.wiselaw.net Visit our website: www.wiselaw.net

A tomato recall was announced in May in connection with possible salmonella contamination. It affects three states, and recently was upgraded to Class I recall, which is the highest recall designation for health dangers. It means that the FDA believes that there is a reasonable probability that the recalled product will cause serious harms to health or even death. The affected products are from Williams Farms Repack. If you suffered from illness due to recalled tomatoes, you should call the seasoned Chicago-based product liability attorneys of Moll Law Group. Billions have been recovered in cases with which we’ve been involved. Contact Moll Law Group About Your Food Safety Claim Salmonella is a kind of bacteria that is one of the most common causes of fatal foodborne illness and should be taken seriously. The distributor Williams Farms Repack LLC initiated a tomato recall on May 2 after it was told by its supplier H&C Farms that their tomatoes carried the danger of…

Bicycling is a popular activity for children, offering both recreation and transportation. However, when a child is involved in a bicycle accident, the consequences can be devastating. According to the Centers for Disease Control and Prevention (CDC), children and adolescents have some of the highest rates of non-fatal bicycle-related injuries. While any accident involving a […] The post BICYCLE ACCIDENTS INVOLVING CHILDREN: UNIQUE LEGAL CONSIDERATIONS appeared first on Maus Law Firm.

Law.com is set to unveil a comprehensive redesign on June 16 that significantly restructures how legal professionals access and navigate the platform’s extensive collection of legal news and resources. Most notably, the site is moving away from a somewhat siloed organizational structure built around the various publications owned by ALM, its parent company, in favor […]

Renting a car comes with certain responsibilities and one of the lesser-known but potentially costly fees you may encounter after an accident or damage is the “loss of use” charge. This fee is assessed by rental car companies to cover the income they claim to lose while a damaged vehicle is out of service and undergoing repairs. In this article, we’ll explain what a loss of use charge is, when and why it’s applied, and how to protect yourself from being unfairly billed. What Is a “Loss of Use” Charge? “Loss of use” refers to the income a rental company claims it loses when a vehicle is unavailable for rental due to damage—even if you weren’t at fault. The company may charge you a daily rate for each day the car is out of commission, reflecting the theoretical revenue they would have earned had the vehicle remained in service. For example, if you damage a car and it takes five days to repair, you may be charged the…

Signup to receive the Early Edition in your inbox here. A curated weekday guide to major news and developments over the past 24 hours. Here’s today’s news: L.A. PROTESTS RESPONSE  The Pentagon yesterday mobilized a battalion of 700 Marines and 2,000 additional California National Guard troops in what officials described as a limited mission to protect federal property and agents, escalating the federal response to the protests in Los Angeles. A Defense Department spokesperson said the decision to send the extra National Guard troops was made “at the order of the president.” David E. Sanger, Helene Cooper, Eric Schmitt, and Laurel Rosenhall report for the New York Times. Homeland Security Secretary Kristi Noem asked Defense Secretary Pete Hegseth to direct the military to detain or arrest “lawbreakers” in Los Angeles a day before the Trump administration deployed Marines to the area, according to a leaked letter obtained by the SF…

Overview of the Lawsuit California Governor Gavin Newsom and Attorney General Rob Bonta filed a federal lawsuit on June 9, 2025, challenging President Trump’s decision to deploy California National Guard troops to Los Angeles without the state’s consent. The deployment was in response to immigration protests and was labeled by California officials as an “unprecedented power grab” and a violation of state sovereignty under the 10th Amendment. The lawsuit argues that the President’s action: • Violates the 10th Amendment by infringing on state sovereignty. • Contravenes 10 U.S.C. § 12406, which the state contends requires the President to issue orders through the governor and obtain their consent before federalizing the National Guard. • Deprives California of critical emergency response resources and escalated unrest rather than quelling it. Key Legal Points from the Complaint • The complaint asserts that President Trump and…

[The article describes how the two can be mutually reinforcing, building on lessons from previous episodes in constitutional history.] Today, the UnPopulist published my article on synergies between litigation and political action in resisting Trump 2.0's multi-faceted assaults on the Constitution. I explain how the two tracks can be mutually reinforcing. As I was writing the article,  it occurred to me that—with my role in the tariff case—I am directly involved in implementing these ideas; we are, of necessity, litigating this case in both the court of law and the court of public opinion. That kind of direct involvement in the subject of my own writings is not an accustomed role for an academic, at least not for me. Whether it gives me greater insight, reduces my objectivity or some combination of both, is for readers to judge. Here is an excerpt from the article: The Trump administration has launched a multi-faceted assault on many aspects of our…

The telecom community’s ears recently perked up when the Wall Street Journal reported that Federal Communications Commission (FCC) Chairman Brendan Carr sent a letter to Charlie Ergen, Chairman of the Board of EchoStar Corporation, threatening to revoke a significant portion of the company’s spectrum licenses.  According to Carr, EchoStar is “warehousing” spectrum by failing to meet its buildout requirements.  On May 12, 2025, the Commission issued a notice inviting public comment on the question. Given the gravity of the Chairman’s accusation, let’s start with a bit of background for context. Over the years, EchoStar has purchased licenses for a significant amount of radio spectrum suitable for mobile wireless services both at auction and in the secondary market.  In 2019, as a condition of the government’s approval of the Sprint/T-Mobile merger, the merged entity agreed to spin-off Boost Mobile to DISH…

A tractor-trailer fire temporarily shut down southbound Interstate 81 near Cicero Monday evening, causing significant traffic disruptions for commuters. The incident occurred near Exit 102 (Bartel Road) in the town of Cicero, right at the line between Onondaga and Oswego counties. According to State Police reports, the commercial vehicle's tires suddenly began smoking, prompting the driver to pull over to the shoulder. Despite the quick response, the entire tractor-trailer became engulfed in flames. Emergency crews responded to the scene and worked to extinguish the blaze and clear the roadway. This incident highlights the potential dangers that commercial vehicle fires pose to highway safety and traffic flow. For more details on this developing story, you can reference the original news report. Common Causes of Commercial Vehicle Fires Tractor-trailer fires can occur for various reasons, and understanding these causes is crucial for prevention and legal…

A tragic motorcycle accident in Fresno County has claimed the life of a 42-year-old Visalia resident, highlighting the ongoing safety challenges faced by motorcyclists on California’s mountain highways. The fatal crash occurred on State Route 180 near Hume Road in the Sequoia National Forest on Saturday evening, June 8, 2025. Details of the Sequoia National Forest Motorcycle Crash According to the California Highway Patrol (CHP), the fatal accident took place at approximately 5:10 p.m. on Saturday. The motorcyclist was traveling westbound on his black Suzuki motorcycle when tragedy struck on a section of highway known for its winding mountain curves. Preliminary investigations revealed that the rider failed to successfully navigate a slight left curve in the roadway, approximately 2.5 miles east of Hume Road. The motorcycle subsequently veered off the roadway and collided with the mountainside, resulting in critical injuries to the operator. Despite wearing a helmet at…

[“The AR–15 is the most popular rifle in the country.”] On June 5, in an unanimous decision by Justice Elena Kagan, the Supreme Court ruled in Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos that Mexico failed plausibly to plead that the American firearm industry aided and abetted unlawful sales routing guns to Mexican drug cartels.  The decision not only adds teeth to the Protection of Lawful Commerce in Arms Act (PLCAA), it also recognizes that semiautomatic rifles like the AR-15 are in wide use by Americans, verifying that they meet Heller's common-use test. While the Court does not expressly mention that PLCAA reaffirms Second Amendment rights, it does reference the preamble of the law, which explicitly set forth one primary purpose of PLCAA is to protect the Second Amendment rights of Americans.  The Court then explained how the law protects the firearm industry from civil lawsuits blaming the industry for crimes and torts…

Amnesty International, in conjunction with numerous nongovernmental organizations (NGOs), released a statement calling for Egyptian authorities to immediately set free lawyer and activist Ibrahim Metwally after nearly seven years in pre-trial detention. The statement recounted the series of injustices that have befallen Metwally since his arrest. NGOs claimed Metwally has been tortured, mistreated by police, and denied access to his family and legal representation: Following his arrest, he was held incommunicado for two days until he appeared before the Supreme State Security Prosecutor (SSSP) in Cairo. He told his lawyers that during this period, National Security Agency (NSA) officers stripped him naked, gave him electric shocks in various parts of his body, doused him in water, and beat him, in violation of the absolute prohibition of torture and other ill-treatment. The SSSP, a branch of the Egyptian government, has also allegedly subjected Metwally to…

Dentons corporate partner Nik Colbridge will be relocating from London to the firm's Dubai office to expand its equity capital markets (ECM) practice in the Middle East. Corporate, Equity Capital Markets, Middle East, Dubai, United Kingdom, London

On May 29, Attorneys Seul-Ah Kim and David K. S. Oh of Dentons Lee were featured speakers at the K-Beauty Global Growth Strategy Seminar, co-hosted by Dentons Lee and Jangup Newspaper at COEX. Mergers & Acquisitions , Overseas Investment, Life Science and Health Care, Seoul