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JPM Settles For Corruption

The much-ballyhooed $13 billion settlement between the Department of Justice and J.P. Morgan looks like an EU Treaty: pages of burble, plus various annexes. DoJ press release with full text etc. here....

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Federalism in the Weeds

Federal law (the Controlled Substances Act) prohibits the possession, use, sale etc. of marijuana. What to do about state laws, such as Colorado’s, that not only permit but affirmatively license (and...

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Acting Attorney General Yates and the Decline of Civic Norms

Civic norms in our nation seem to be unraveling. Some citizens and legislators made a concerted effort to delegitimize President Obama by making frivolous claims about his place of birth. Today, other...

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The Russians: Using Us without Signing Us Up

  By now, you must have heard of the FBI’s plot to undermine President Trump. It’s what his lawyers allege. No doubt you also know, from members of the Democratic Party, of Trump’s plot to undermine...

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Trump’s Travel Ban and the Constitution

  The outcome of Trump v. Hawaii, the “travel ban” case, set for oral argument in the Supreme Court on Wednesday, April 25, will undoubtedly be reported as whether President Trump won or lost, or, more...

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Institutionalizing the Neo-Brandeisian Agenda

In December 2023, the Biden Administration released the much anticipated, and much criticized, “2023 Horizontal Merger Guidelines.” The Guidelines, which are a joint production of the Federal Trade...

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