Articles
Equal Treatment for Religious Expression after Colorado Christian University v. Weaver
The Bush Administration conceived the so-called “Faith-Based Initiative” to leverage the eff orts of religious...
The FCC’s Stalled Attempt to Breathe Life into Commercial Leased Access of Cable Television
Back in the 1980s and 1990s, when the only way to get television programming was...
Broadcast “Fairness” in the Twenty-First Century
The broadcast Fairness Doctrine, which formally existed from 1949 to 1987, required broadcast licensees to...
FCC v. Fox and the Future of the First Amendment in the Information Age
On November 4th, 2008, the Supreme Court heard oral arguments in the potentially historic free...
Paul Horwitz reviews The Invisible Constitution by Laurence Tribe
The Book of Hebrews tells us that faith is “the substance of things hoped for,...
Vincent Vitkowsky reviews Law and the Long War by Benjamin Wittes
Public attention to the war on terror has waned. The financial crisis, general weariness, and...
The Supreme Court’s 2005-2008 Securities Law Trio: Dura Pharmaceuticals, Tellabs, and Stoneridge
Business law is clearly an area that the Supreme Court has turned its attention to...
Engage Volume 9, Issue 3, October 2008
Special Issue:Supreme Court Retrospective ADMINISTRATIVE LAW & REGULATION The Supreme Court’s Standing Problem by Ronald...
The Supreme Court’s Standing Problem
Standing is a concept that at its core signals a peculiar problem. In ordinary damage...
Federal Preemption at the Supreme Court
It has been a striking time for federal preemption at the Supreme Court. Last term,...
Judicial Deference to Agency Action
One of the most important questions in administrative law concerns how closely and critically judges...
Justice Kennedy’s Stricter Scrutiny and the Future of Racial Diversity Promotion
More than half a century after Brown v. Board of Education, the Supreme Court is...
Anatomy of a Lawsuit: District of Columbia v. Heller
It took nearly 5-1/2 years of litigation, a feckless 32-year handgun ban in the nation’s...
The Antitrust Revolution
The history of antitrust law over the past four decades has been one of drastic,...
The Supreme Court’s 21st Century Trajectory in Criminal Cases
With the recent, important changes in the composition of the U.S. Supreme Court, the Court...
Respecting the Democratic Process: The Roberts Court And Limits on Facial Challenges
Judicial review—the ability of the courts to invalidate a law because it is contrary to...
The Supreme Court and Campaign Finance
In few other areas of law does politics touch the Supreme Court more directly than...
Crawford v. Marion County Election Board and the Future of Supreme Court Jurisprudence Concerning the Regulation of Elections
Crawford v. Marion County Election Bd. assumes an important place in election law jurisprudence, not...