Articles
Restraining Park Doctrine Prosecutions Against Corporate Officials Under the FDCA
Note from the Editor: This paper analyzes the FDA’s “Park Doctrine” for prosecutions against corporate...
An Exchange Over The Sex Offender Registration and Notification Act (SORNA)
The Sex Offender Registration and Notification Act: A Sensible and Workable Law that Helps Keep...
Labor Organizations by Another Name: The Worker Center Movement and its Evolution into Coverage under the NLRA and LMRDA
I. Introduction The labor union, the primary collective advocate for workers’ rights in the United...
Lenity: An Essential Rule for Interpreting Environmental Crimes Statutes
Unclear environmental laws and vague regulations defeat their stated purpose—environmental protection. The success of our...
A U.N. Regulated Internet? The Case for Defending Against Persistent Intergovernmental Threats to Internet Freedom
Note from the Editor: The author has adapted this paper from testimony before the U.S....
Engage Volume 13, Issue 2, July 2012
*Online-Only Issue* ADMINISTRATIVE LAW & REGULATION Gmail.gov: When Politics Gets Personal, Does the Public Have...
Allocating Radio Spectrum for the "Mobile Data Tsunami"
I. A Mobile Data Tsunami? The mobile sector is said to face a looming spectrum...
Power and Constraint: The Accountable Presidency After 9/11 by Jack Goldsmith
In Power and Constraint: The Accountable Presidency After 9/11, Jack Goldsmith painstakingly describes the constraints on...
Assessing Competition in the Wireless Sector: How DoJ Can Clear Away the Fog from Proposed Mergers
I. Introduction and Background Over the past twenty years, the American wireless sector has grown...
Testimony on the "Democracy Restoration Act"
Note from the Editor: This paper is based on testimony given by the author before...
State Efforts to Impose "Amazon Tax" on Internet Vendors
Burdened by unfunded pensions and other fiscal calamities, cash-strapped states have scoured for new and...
Taming Globalization: International Law, the U.S. Constitution, and the New World Order by Julian Ku and John Yoo
Taming Globalization has two great merits. First, it acknowledges that the explosive growth of international...
The Economic Freedom Amendment: A States-Based Response to the Nationalizing Effects of Bailouts and Federal Ownership of Corporate Stock
Note from the Editor: This paper discusses a proposed state constitutional amendment that would deny...
United States v. Home Concrete & Supply, LLC and Its Implications for Administrative Law
I. Introduction On April 25, 2012, the United States Supreme Court decided United States v....
Which Religious Organizations Count as Religious? The Religious Employer Exemption of the Health Insurance Law's Contraceptives Mandate
On August 1, 2011, the Health Resources and Service Administration issued guidelines specifying that, among...
Criminal Jurisdiction of Indian Tribes: Should Non-Indians Be Subject to Tribal Criminal Authority Under VAWA?
Ever since the U.S. Supreme Court issued its 1978 decision in Oliphant v. Suquamish Tribe,1...
An Attack on Separation of Powers and Federal Judicial Power? An Analysis of the Constitutionality of Section 18 of the America Invents Act
Note from the Editor: This paper analyzes constitutional challenges to Section 18 of the recently...
Sackett v. Environmental Protection Agency: Compliance Orders and the Right of Judicial Review
The United States Supreme Court’s decision in Sackett v. Environmental Protection Agency1 promises to be important...