Articles
Remarks upon Accepting the 2011 James Madison Award
Many thanks to my good friend Andy McCarthy for those kind remarks—and it is obvious...
European Court of Human Rights Finds No Right to Abortion Under European Human Rights Convention
Before the European Court of Human Rights (“ECHR” or “the Court”) delivered its decision in...
Pruning the Overgrowth of Government Contracting Preferences
The policy of creating preferences for businesses owned at least fifty-one percent by members of...
Bullying as a Civil Rights Violation: The U.S. Department of Education's Approach to Harassment
The Obama Administration recently mounted a high-profile campaign against bullying in public schools, staging a...
Ramifications of Repealing the 17th Amendment
The 17th Amendment, ratified in 1913, replaced the election of U.S. senators by state legislators...
Engage Volume 12, Issue 1, June 2011
*Online-Only Issue* The Templeton Debates Regulatory Takings by William M. Treanor ADMINISTRATIVE LAW & REGULATION...
Regulatory Takings
The following article is Dean Treanor’s portion of a debate with Professor Richard Epstein during...
Prospects for Regulatory Reform in 2011
Though regulations affect every aspect of our lives, as a policy tool they rarely reach...
"Keep Your Friends Close, But Your Enemies Closer": Internment of Enemy Aliens in the Present Conflict
United States law, in accordance with customary international law, has since 1798 permitted the internment...
The Slow, Sad Swoon of the Sentencing Suggestions
The Guidelines are a lost cause. When they became optional after Booker, the Sentencing Commission...
Internet Gaming: Is It Too Late to Reboot?
As the 111th Congress wound down in December 2010, Senate Majority leader Harry Reid was...
Ninth Circuit Amends the Clean Water Act . . . or Does It?
Images of Northwoods logging giant Paul Bunyon have faded for most Americans, but the cable...
Judicial Takings After Stop the Beach Renourishment v. Florida Department of Environmental Protection
We know it is possible for the executive and legislative branches of government to take...
"Health Laws of Every Description": John Marshall's Ruling on a Federal Health Care Law
If John Marshall, the greatest of Chief Justices, were to hear a challenge to the...
Insurance Provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act
In June 2009, when the President presented his Financial Reform Plan, the plan set forth...
Prometheus Unbound: The Federal Circuit Responds to Bilski
Following the U.S. Supreme Court’s decision in Bilski, the U.S. Court of Appeals for the...
Building the Global Welfare State: The United Nations as Community Organizer
Recently, many American citizens have vigorously debated current, projected, and proposed government spending on health...
Arizona's Immigration Storm
This article serves as a counterpoint to Margaret D. Stock’s article Arizona’s Attempt to Enforce...