Articles
Regulation by Litigation by Andrew P. Morriss, Bruce Yandle & Andrew Dorchak
Regulation by Litigation, an innovation in American political theory, has descended upon the American polity,...
Engage Volume 10, Issue 3, November 2009
*Online-Only Issue* CIVIL RIGHTS Two Civil Rights Decisions Close Out Supreme Court's 2008 Term by...
Making Sense of the Establishment Clause
While the jurisprudence of the Establishment Clause may not make much sense (common or otherwise)...
The Growing Clash Between Religious Freedom and the Gay Movement
I want to thank the Federalist Society for inviting me today. At many law schools...
The Founders’ Intent, Constitutional Provisions, and Limits on Spending Power and Delegation
The questions we will look at today is, is that appropriate? Is that constitutional? Does...
What is Private, and What is Protected, in the Privacy Protection Act?
The Privacy Protection Act (PPA) labors under a bit of a misnomer; for what it...
Conservation without Regulation: Property-Based Environmental Protection
It’s a pleasure to be here on this fine afternoon. What I want to do...
Article 1, Section 8 of the Constitution: A Private Right of Action for Citizens Seeking Equal Protection under U.S. Immigration Laws
Thousands of citizens in this country are confronted with an odd dilemma—they are unable to...
Public Nuisance Litigation against Subprime Industry Hits Roadblock in Cleveland
Over the past decade, elected city offi cials around the country have attempted to achieve...
The American Recovery and Reinvestment Act and Faith-based Organizations
The American Recovery and Reinvestment Act (ARRA or “stimulus plan”) allocates nearly 800 billion federal...
Self-Protectionism: The Economics and Politics of Trade
Although the basic arguments of trade were established more than two centuries ago, they continue...
Responding to the Financial Crisis
I am grateful to the Federalist Society for convening us here on a timely and...
Judgment Calls by Daniel Farber and Suzanna Sherry
Although it claims to reject interpretive schools on both the left and the right in...
EFCA’s Other Provisions
Employees in America have long enjoyed and exercised the right to a secret ballot election...
France Says Non to Affirmative Action: Will the U.S. Do the Same?
After devoting a half-century to devising (new) justifications for differential treatment of citizens on the...
Regulatory Activity in the Bush Administration at the Stroke of Midnight
One of the first acts of the Obama administration was a January 20 memorandum from...
The Economic Crisis: Wall Street, Main Street, or K Street?
It is an honor to be here. I’m happy to see so many people have...
Point-Counterpoint: Repairing the Clean Water Act
Currently, the Federal Water Pollution Control Act (hereinafter referred to as the “Clean Water Act”)...