Articles
First Amendment Challenges to Copyright Law: Kahle v. Gonzales and Golan v. Gonzales
There has been an attempt in the last few years to reverse some of the...
When "Exclusive" is not "Exclusive" and "Compulsory" not "Compulsory": eBay v. MercExchange and Paice v. Toyota
The source of American patent law, Article I, section 8, of the U.S. Constitution, empowers...
Antitrust Implications of Patent Settlements: Balancing Patent Policy, Antitrust Law, and the Practical Limits of Litigation
In a perfect world, all patents would be valid and none infringed. In a near-perfect...
Saying What the Law Is: Arguments for an ICJ That Is Less Deferential to Security Council and General Assembly Resolutions
The United Nations (UN) system operates differently than the three branches of American government. Its...
The Supreme Court's ADEA Cases: How will the Nine Grapple with a Graying Workforce in the Wake of Ledbetter?
The Supreme Court heard fi ve age discrimination cases this term which will have a...
Wide Latitude for Retroactive Litigation Proposed in the Lilly Ledbetter Fair Pay Act
Title VII was built for speed. Discrimination charges are to be fi led within a...
Other People's Money...
Davenport v. Washington Educational Association had all the ingredients of a blockbuster: a campaign finance...
Locke v. Karass: Should the Court Overrule Lehnert's Test Determining Whether Union Expenditures Are Related to Collective Bargaining?
In the fall 2008 term, the U.S. Supreme Court will hear argument in Locke v....
Stoneridge Investment Partners: The Supreme Court Rejects "Scheme Liability"
On January 15, 2008, the Supreme Court issued its decision in Stoneridge Investment Partners LLC...
Canadian Class Action Law: A Flawed Model for European Class Actions
Activists urging European Union nations to adopt the class action device have recently begun citing...
Electing State Judges: Unpleasant, But Not Unconstitutional
“States, we don’t like your method of judicial selection. In fact, it is downright terrible....
Ministers, Minimum Wages, and Church Autonomy
When Judge Richard Posner expounds on an area of law in one of his opinions...
The Application of RFRA to Override Employment Non-Discrimination Clauses Embedded in Federal Social Service Programs
The basic federal employment nondiscrimination law is Title VII of the Civil Rights Act of...
Homeschooling Battle in California
A constitutional crisis hit California this spring, although it was noticed more for its social...
A La Carte Regulation of Pay TV: Good Intentions vs. Good Economics
In his insightful works on political economy, Professor Thomas Sowell warns of the dangers of...
NARUSCA v. FCC: Federalism, Line Item Billing, and the Future of Wireless Consumer Protection
States can regulate line items in customer billing for cellular wireless services. Th us spoke...
HOW JUDGES THINK by Richard Posner & CONSTITUTIONAL CONSCIENCE by H. Jefferson Powell
What do we want of our judges? And what can we reasonably expect from them?...
Engage Volume 9, Issue 2, June 2008
ADMINISTRATIVE LAW & REGULATION Swallows Holding Ltd. v. Commissioner: Limited Progress in Rejecting Tax Exceptionalism...