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Before and After Sackett v. U.S. Environmental

Despite a unanimous decision against Sackett v. EPA, the EPA has been publicly stating that the case will not significantly change its enforcement approach. Is the agency underestimating Sackett's impact, or is it really just business as usual at EPA despite the apparent setback?


Do Twombly and Iqbal Apply to Affirmative Defenses?

In the wake of the Supreme Court's decisions in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, do the pleading requirements announced in those decisions apply to affirmative defenses?


The Department of Justice's Misguided Resistance to Electronic Recording of Custodial Interviews

In light of modern technology why do the DOJ, the FBI, the DEA, and the ATF not make exact, unimpeachable electronic recordings when their agents interview suspects in detention centers?


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