Contrary to conventional wisdom, occupational licensing restrictions do not serve a primary purpose of protecting consumers. They instead wage war on the market economy. This reality is unsurprising when one considers the makeup of a typical licensing board, which consists primarily of active market participants. These industry incumbents scheme to
The 2016 amendment to the Uniformed Services Former Spouses’ Protection Act dramatically changed the level of discretion afforded to states in dividing military retired pay between divorcing parties. Now, all divorces involving an active service member at the time of divorce must adhere to Congress’s strict formula when dividing
The 1970s in the United States were largely defined by wars, both foreign and domestic: the Vietnam War and the War on Drugs, respectively. As part of President Richard Nixon’s anti-drug offensive, Congress enacted the Controlled Substances Act (CSA), part of the Comprehensive Drug Abuse Prevention and Control Act
Should nonprofit charter schools be considered “charitable” under § 501(c)(3) of the Internal Revenue Code and be entitled to the benefits that go with that designation (income tax exemption, charitable contribution deduction, etc.)? Current tax law treats them as such; the question is whether there is a good rationale
George Orwell’s Nineteen Eighty-Four. When we think of literary works and privacy, that is the first book that comes to mind, and the same is true for judges penning privacy law opinions too. Although the novel is notable for expressing fears of authoritarian overreach, other literary works offer judges
In recent years, federal agencies have increasingly used nonenforcement as a bargaining chip—promising not to enforce a legal requirement in exchange for a regulated party’s promise to do something else that the law doesn't require. This Article takes an in-depth look at how these nonenforcement trades
