Articles
Quanta and the Future of Supreme Court Patent Jurisprudence
The Supreme Court’s unanimous decision in Quanta v. LG Electron ics1 may make it signifi...
International Law as an Interpretive Aid in Supreme Court Jurisprudence
The Supreme Court’s use of international and foreign law has garnered substantial commentary in recent...
Debunking the Myth of a Pro-Employer Supreme Court
By any measure, the Court’s recently completed term included a number of victories for employees....
Getting Down to Business: Early Observations on the Roberts Court’s Business Cases
In a review of what would prove the last term of the Rehnquist Court, Judge...
The 2008 Presidential Election, the Supreme Court, and the Relationship Of Church and State
Religion and politics enjoy an uneasy relationship in American life, and the 2008 presidential election...
Charting a New Constitutional Jurisprudence for a Digital Age
Communications law and policy would be very different today—and more suited to the now generally...
Edwin Meese Reviews The Dirty Dozen by Robert A. Levy and William Mellor
The authors of The Dirty Dozen are leaders of the freedom-based public-interest law movement, Robert...
Daniel H. Lowenstein Reviews The Rise of the Conservative Legal Movement by Steven M. Teles
In the penultimate chapter of this excellent book, Steven M. Teles contrasts the prevailing moods...
The SEC’s Inglorious Role in Limiting Small Business’s Access to Capital
One of the most curious and misdirected regulatory approaches of the Securities and Exchange Commission...
Mercier v. Inter-Tel and the Reformulation of the Blasius Standard
On August 14, 2007, the Delaware Court of Chancery decided Mercier v. Inter-Tel, Inc.1 One...
From Apprendi to Book to Gall to Kimbrough
A quarter-century ago, bipartisan majorities in Congress had come to understand that the federal sentencing...
Forensic Science Needs Checks and Balances
Justice is the foundation of liberty. Thus, the proper functioning of our criminal justice system...
Buying Green: The U.S. Government Steps Up Environmentally Prefereable Purchasing
With an annual contract budget of over $400 billion, the U.S. government is the largest...
A Floor, Not a Ceiling: Federalism and Remedies for Violations of Constitutional Rights in Danforth v. Minnesota
Few doubt that states can provide greater protection for individual rights under state constitutions than...
The Fourth Amendment and Federalism: The Supreme Court Tussle Over the Two
This term, the Supreme Court will decide two cases on the Fourth Amendment. Both come...
Reflections on Credit Card Practices and Legislative Reform Proposals
The growth in consumer use of credit cards over the past three decades has transformed...
Treasury's Blueprint: Regulatory Efficiency or More Red Tape?
On March 31, 2008, the U.S. Department of the Treasury issued its “Blueprint for a...
The Uncertain Future of the Presidential Public Financing System
The future viability of the once robust presidential public funding system is now questionable. First...