Engage Volume 7, Issue 2, October 2006

Special Feature: The Templeton Debates

• Make Way for Wal-Mart! Eminent Domain after Kelo Daniel Mendelker vs. Scott Bullock
• Privileges, Immunities, and Free Enterprise Richard Epstein vs. Mark Graber
• How High A Wall? Originalism and the Separation of Church and State Seamus Hasson vs. James Nickels
• GOD and Government Erwin Chemerinsky vs. Gregory Wallace
• The Role of Government in the Free Market Timothy Sandefur vs. Henry Brown

The Issue

• The ABA and the Presidential Signing Statements Controversy by Ronald A. Cass & Peter L. Strauss
• Manufacturer’s Immunity: The FDA Compliance Defense by Daniel Troy
  
  CIVIL RIGHTS
• Reviewing (and Reconsidering) the Voting Rights Act by Abigail Thernstrom
• An Unenumerated Right of Privacy . . . And What to Do About It by Harold R. DeMoss Jr.
• “Aloha!” Akaka Bill by Gail Heriot
  
  CORPORATIONS
• Twombly: Naked (Alleged) Conspiracy Doesn’t Strip Freedom of Unilateral Action by John Thorne
• U.S. v. Stein: Unconstitutionality of Prosecutorial Consideration of a Corporation’s Advancing Legal Expenses to Employee’s in Corporate Charging Decisions by Robert T. Miller
  
  CRIMINAL LAW & PROCEDURE
• “Domestic Unlawful Combatants” A Proposal to Adjudicate Constitutional Detentions by George J. Terwilliger III
  
  ENVIRONMENTAL LAW & PROPERTY RIGHTS
• The Rapanos Case by M. Reed Hopper & Damien M. Schiff
• Commerce Clause Challenges to the Listings of Intrastate, NonCommercial Species under the Endangered Species Act by Robert P. Fowler, Jeffrey H. Wood & Thomas L. Casey, III
  
  FEDERALISM & SEPARATION OF POWERS
• The Spending Clause Implications of Rumsfeld v. Forum for Academic and Individual Rights by William E. Thro
• SPLITTING THE NINTH CIRCUIT, PT. III: Why Chief Justice Schroeder and Split Opponents Should Swap a Broad Circuit for a Broader Perspective by Diarmuid F. O’Scannlain
  
  FINANCIAL SERVICES & E-COMMERCE
• Judicial Valuation Behavior: Some Evidence from Bankruptcy by Keith Sharfman
  
  FREE SPEECH & ELECTION LAW
• (Pre)Clarifying the Muddy Red Waters of the Texas Redistricting War by R. Keith Gaddie & Charles S. Bullock III
• Constitutional Rights of the Boy Scouts by Scott H. Christensen

• The Blackberry Case—An Alternate Ending by Lawrence S. Ebner
• Supreme Court on eBay: Permanent Injunctions are Not Automatic but Decided by Traditional Test in Equity by Kenneth Godlewski, Tom Corrado & Eric Sopher
  
  INTERNATIONAL & NATIONAL SECURITY LAW
• The President’s Wiretap is Constitutional by Gerald Walpin
• In the Name of Human Security: UNESCO & the Pursuit of Global Governance by James P. Kelly III
  
  LABOR & EMPLOYMENT LAW
• Pre-Recognition Agreements: Can Employers Lawfully Acquire Control over the Future Representative of their Employees under § 8(A)(2) OF THE NLRA? by William Messenger
• The Unanticipated Consequences of Employment at Will: Proving Damages in Restrictive Covenant Enforcement Cases by J. Gregory Grisham & Larry R. Wood, Jr.
• “Public Interest” Led, Judge-Made Law: The Case of the Tree Planters by Elizabeth K. Dorminey
  
  LITIGATION
• Premises Owner Liability for Secondhand Asbestos Exposure: The Next Wave? by Mark Behrens & Frank Cruz-Alvarez
• “Class” Arbitration: What About the Rights of Absent "Class" Members? by Edward C. Andreson & Kirk D. Knutson
  
  PROFESSIONAL RESPONSIBILITY
• Costing “Early Offers” Medical Malpractice Reform: Trading NonEconomic Damages for Prompt Payment of Economic Damages by Jeffrey O’Connell, Jeremy Kidd & Evan Stephenson
  
  RELIGIOUS LIBERTIES
• “Playing in the Joints Between the Religious Clauses” . . . And Other Supreme Court Catachreses by Carl H. Esbeck
• The First Amendment and Sunday by David K. Huttar
  
  TELECOMMUNICATIONS
• Infringing Free Speech in the Broadband Age: Net Neutrality Mandates by Randolph J. May
  

Book Reviews

• TRAPPED: WHEN ACTING ETHICALLY IS AGAINST THE LAW by John Hasnas Reviewed by Dan Sullivan
• THE LIMITS OF INTERNATIONAL LAW by Jack Goldsmith & Eric A. Posner; LAW WITHOUT NATIONS? by Jeremy A. Rabkin Reviewed by Vincent Vitkowsky
• RECLAIMING THE AMERICAN REVOLUTION: THE KENTUCKY AND VIRGINIA RESOLUTIONS AND THEIR LEGACY by William J. Watkins, Jr. Reviewed by Soraya Rudofsky
• THE FALLACY OF CAMPAIGN FINANCE REFORM by John Samples Reviewed by Allison Hayward
• CORNERSTONE OF LIBERTY: PROPERTY RIGHTS IN TWENTY-FIRST CENTURY AMERICA by Timothy Sandefur Reviewed by Steven J. Eagle
• AMERICA’S CONSTITUTION: A BIOGRAPHY by Akhil Reed Amar Reviewed by Michael S. Paulsen