Articles
Executive Order 13583: Establishing a Coordinated Government-Wide Initiative to Promote Diversity
Note from the Editor: This article is about Executive Order (EO) 13583—Establishing a Coordinated Government-Wide...
Testimony on “The Voting Rights Act after the Supreme Court’s Decision in Shelby County”
Note from the Editor: This article is based on testimony given by the author before...
Bailey v. Maine Commission on Governmental Ethics: Another Step Toward the End of Political Privacy
Note from the Editor: This article discusses the Bailey v. Maine Commission on Governmental Ethics...
EPA’s Retrospective Review of Regulations: Will It Reduce Manufacturing Burdens?
Introduction Through a series of Executive Orders, President Obama has encouraged federal regulatory agencies to...
Look to Ninja Innovators, Not Government, to Change the World
During a typical week, I split my time between Washington, where I work, and Detroit,...
Engage Volume 14, Issue 2
*Online Only Issue ADMINISTRATIVE LAW & REGULATION EPA’s Retrospective Review of Regulations: Will It...
A Federalist Society Symposium on the National Security Agency’s Bulk Data Seizures and FISA Surveillance Programs
Note from the Editor: We are pleased to bring you this special Engage Symposium on...
Can the Environmental Protection Agency Stop the Pebble Mine?
Note from the Editor: This article discusses whether the Environmental Protection Agency has the authority...
Book Review: Bad History, Worse Policy: How a False Narrative about the Financial Crisis Led to the Dodd-Frank Act
Related Links: Financial Crisis Inquiry Commission, Final Report of the National Commission on the Causes...
Arkansas Game & Fish Commission v. United States: A Temporary Fix for Temporary Takings
The United States Supreme Court’s decision in Arkansas Game & Fish Commission v. United States1...
“Conscience Exemptions”
Note from the Editor: This paper discusses the meaning, history, and present application of conscience...
Net Neutrality vs. Net Reality: Why an Evidence-Based Approach to Enforcement, And Not More Regulation, Could Protect Innovation on the Web
Related Links: Senate Committee on Commerce, Science, and Transportation, Hearing on “Network Neutrality” (testimony of...
Preemption of Punitive Damages in Prescription Drug Litigation
Over the past 16 years, the United States Supreme Court has repeatedly addressed the question...
Affordable Care Act Compliance: Say “Hello” to Collective Bargaining Obligations
Related Links: UC Berkely Labor Center, The Affordable Care Act: A Guide for Union Negotiators...
Winning the Copyright War: Copyright’s Merger Doctrine and Natural Rights Theory as Solutions to the Problem of Reconciling Copyright and Free Speech
I. Introduction A. Overview Concerns that the enforcement of copyright law might conflict with First...
International Criminal Discovery
I. Introduction While money moves at the speed of light across national boundaries, law enforcement...
Antitrust and High-tech: Regulatory Risks for Innovation and Competition
I. Target Selection in an Innovation Economy A. Regulatory Power, Regulations’ Problems, and Antitrust While...
Mandatory Liability Insurance for Firearm Owners: Design Choices and Second Amendment Limits
Some twenty-five years ago, one of us sketched out a rationale for using mandatory liability...