Articles
National Broadband Plan
In February 2009, as part of the American Recovery and Reinvestment Act (the “Recovery Act”),...
Voting Rights—and Wrongs: The Elusive Quest for Racially Fair Elections by Abigail Thernstrom
No one has written more or better about the Voting Rights Act than Abigail Thernstrom....
We're Not Dead Yet. Book Review: The Vanishing American Lawyer by Thomas D. Morgan
Is the practice of law a profession? For most practicing lawyers, the last time they...
Legal and Logistical Ramifications of the National Popular Vote Plan
The nation’s attention has been focused on several potential crises in the past few months:...
Engage Volume 11, Issue 1, March 2010
*Online-Only Issue* ADMINISTRATIVE LAW & REGULATION The Regulation of Prescription Drug and Restricted Medical Device...
The Regulation of Prescription Drug and Restricted Medical Device Advertising
As the Internet’s presence in the lives of Americans grows, so does the opportunity for...
Fixing the Civil Rights Commission
Several dozen advocacy organizations have recently promoted a high-profile proposal to “fix” the U.S. Commission...
Lyondell Chemical Co. v. Ryan: The Duty of Good Faith Comes to Revlon-Land
Section 102(b)(7) of the Delaware General Corporation Law authorizes Delaware corporations to include in their...
The Record of the Roberts Court in Environmental Cases: Pro-Business or Pro-Government?
The Supreme Court’s October 2008 Term was not particularly good for environmentalist groups. Indeed, it...
Junk Science and Climate Change: Thoughts from the Federalist Society's 1997 Colloquium on "Junk Science, the Courts, and the Regulatory State"
In recent months global climate change has once again taken center stage in the public...
The Individual Health Insurance Mandate and the Constitutional Text
The health care bill recently passed by Congress includes an “individual mandate” requiring most Americans...
Originalism, in a Nutshell
What is originalism? It is a bedrock of constitutional interpretation for federalists, but many have...
Anna Nicole Smith Goes Shopping: The New Forum Shopping Problem in Bankruptcy
In the United States, relations between debtors and their creditors are governed by two distinct...
Proposed Federal Legislation Seeks to Overturn Supreme Court Limits on Aiding and Abetting Liability in Certain Securities Cases
Under recently-introduced legislation, a company’s bankers, auditors, business partners, and outside lawyers could be held...
Why Vote in Secret? Balancing Autonomy and Accountability in Absentee, Card Check, and Corporate Voting Contexts
The way a group, jurisdiction, or nation votes, and makes decisions binding on their members...
The Regulation of Grassroots Lobbying
President Obama’s domestic policies have generated opposition among many in the general public and mobilized...
Sixty Years Later: Holden Caulfield, Fair Use, and Prior Restraint Under the Copyright Act
When J.D. Salinger published The Catcher in the Rye in 1951, he likely had little...
"Promoting the Progress" or Paying for Delay? Balancing Patent and Antitrust Law in the Age of Health Care Reform
In patent litigation valued between $1 million and $25 million, a patent owner should expect...