Articles
The Use of Drones and Targeted Killing in Counterterrorism
Shortly after September 11, 2001, President George W. Bush, as Commander in Chief, authorized unmanned...
The Conflict Between the Circuits in Analyzing Joint Employment Under the FLSA: Why the Supreme Court Should Grant Certiorari in Zheng v. Liberty Apparel
In 1938, Congress passed the Fair Labor Standards Act (“FLSA”), a comprehensive labor law that...
Judicial Speech, Judicial Elections, and the Coming Fallout from Caperton v. Massey Coal Company
As befits a constitutional democracy dedicated to the primacy of the rule of law, the...
Brown v. RJ Reynolds - The Proper Scope of Common Questions
Class actions are not like other lawsuits. In a class action, an individual asks the...
Extreme Facts, Extraordinary Case: The Sui Generis Recusal Test of Caperton v. Massey
Speech during judicial campaigns and its ramifications on successful candidates’ judicial capacities has become an...
The State of Blaine: A Closer Look at the Blaine Amendments and Their Modern Application
Governments aid religious organizations in a wide variety of ways. For example, governments provide vouchers...
The Health Care and Conscience Debate
Can a hospital require a nurse to assist in an abortion in violation of her...
Lawyer Barons: What Their Contingency Fees Really Cost America by Lester Brickman
No scholar has studied the role of the contingency fee in America more comprehensively than...
In Defense of Judicial Elections by Chris W. Bonneau & Melinda Gann Hall
Alexander Hamilton in Federalist 78 famously called the judiciary the “least dangerous branch” of government....
Are Nuisance Lawsuits to Address Climate Change Justiciable in the Federal Courts? Global Warming at the Supreme Court
This article examines American Electric Power Co. v. Connecticut, a U.S. Supreme Court case whose...
The U.S. Department of Education's Federal Student Aid Program Integrity Final Regulations
This paper assesses the Department of Education’s new regulations concerning Title IV in the Higher...
Engage Volume 11, Issue 3, December 2010
*Online-Only Issue* Special Edition: Templeton Debates Eminent Domain after Kelo Ilya Somin & Saul Levmore...
Eminent Domain After Kelo
I would like to thank the University of Chicago Federalist Society for organizing this event,...
The Spurious Constitutional Distinction Between Takings and Regulation
The major question that I shall address in this short talk concerns a fundamental fault...
Want to Be a Doctor? A Scientist? An Engineer? An Affirmative Action Leg up May Hurt Your Chances
The assumption behind the fierce competition for admission to elite colleges and universities is clear:...
The Obama Administration: Changing the Rules of the Title IX Game?
"Making Title IX as strong as possible is a no-brainer," Vice President Joe Biden told...
The Corporate Governance Provisions of Dodd-Frank
In response to the financial crisis of 2007-2008, Congress passed The Wall Street Reform and...
The Sacramento-San Joaquin Delta Litigation: A Brief Summary
California’s Sacramento-San Joaquin Delta serves as a dynamic ecosystem as well as a critical supply...