During the Second World War, the Supreme Court of United States established the rule that a government agency is bound by the explanation it gives for a decision in the record at the time made. This tenet prevents the government from making up reasons or facts later to justify a determination or action that was …
Over-the-Top
Likely, you learned in high school civics or government class that the United States Constitution and the various state constitutions prohibit “cruel and unusual punishments.” Thus, the government may not torture prisoners or inflict upon convicts punishment that is arbitrary or "degrading to human dignity.” The Eighth Amendment to the United States Constitution also disallows …
Unanticipated Consequences
Most business people understand that if they are involved in a lawsuit, the final outcome is binding. What is not universally appreciated is that contested matters decided by government agencies can have a very similar result. The Supreme Court of Nevada has enforced what are called the doctrines of collateral estoppel and res judicata to judicial-like proceedings of administrative agencies …
King’s X
Can a state, county or city government enter a contract with a private business and then call a "King's X" by passing a law that changes the deal. Fairness says this cannot be right. The answer is not that simple.The United States Constitution limits the ability of state and local governments to impair contractual obligations. …
ALL THINGS REGULATORY 