Articles
Putting Terrorists out of Business: Using Sarbanes-Oxley to Prosecute Terror Financiers
Assume a charity solicited contributions from donors willing to support a religious or social cause...
The European Union, the Treaty of Lisbon, and "Justice and Home Affairs"
With the vote of the Irish in a referendum and the signature of a reluctant...
International Law Under the Constitution and Transnational Progressives
The U.S. Constitution created the structure for a sovereign nation operating in an international system....
The Future of Work Status Legislation and E-Verify
In the current debate over unauthorized immigration, many policymakers have proposed improvements to the nation’s...
RAND Issues Report on Abuse of Medical Diagnostic Practices in Mass Litigation
In June 2005, United States District Court Judge Janis Graham Jack of the Southern District...
Holding Pharma Plaintiffs to Their Pleading Burden: Implications of Twombly and Iqbal
State and federal courts nationwide are home to a staggering number of pharmaceutical product liability...
Authorities Split After the Supreme Court's Hall Street Decision: What Is Left of the Manifest Disregard Doctrine?
Arbitration is a private-sector court. Rather than litigating in a government court (in which a...
Christian Legal Society v. Martinez: Religious Student Groups, Nondiscrimination Rules, and the Constitution
In Christian Legal Society v. Martinez, the United States Supreme Court will decide whether the...
Positive Secularism and the American Model of Religious Liberty
At its best, the American model of religious liberty is not a freedom from religion...
The Opportunity and Peril of Smart Grid
Last year witnessed “the smart grid” going from an arcane concept about updating the electric...
Crisis and Command: A History of Executive Power from George Washington to George W. Bush by John Yoo
How do so-called “great” Presidents interpret and use their constitutional powers differently from average Presidents...
The National Security Court System: A Natural Evolution of Justice in an Age of Terror by Glenn Sulmasy
Glenn Sulmasy’s fine work, The National Security Court System: A Natural Evolution of Justice in...
Two Civil Rights Decisions Close Out Supreme Court's 2008 Term
The Supreme Court’s 2008 Term concluded with opinions in two closely followed civil rights cases,...
Incorporating Gun Rights: A Second Round in the Chamber for the Second Amendment
The Supreme Court’s October Term 2009 will see another major gun-rights case, the second in...
Getting Beyond Guns: Context for the Coming Debate over Privileges or Immunities
As it struggled to cope with the aftermath of the Civil War and to dismantle...
Looks Can Be Deceiving: Holdout Litigation Under the Foreign Sovereign Immunities Act
Historically, sovereign lending has been dominated by a small group of large banks and financial...
Judicial Review of Mutual Fund Advisory Fees: Reliance on Markets or Statutory Language?
Do you own mutual fund shares either directly or through your 401(k) plan? If so,...
Miranda with an English Accent
You live in England. You have dabbled in some illegal activities and now find yourself...