Articles
2008 Federalist Society Tax Policy Conference Panel
MS. O’CONNOR: Good morning everyone. I’m Eileen J. O’Connor. I’m a partner at Pillsbury Winthrop...
Enhancing Disability Protection Without Abandoning Principle
The ADA Restoration Act (ADARA) states as its intention to reverse Supreme Court decisions that...
Super-Tuesday for Equal Rights
When the Gratz and Grutter opinions were released in 2003, many believed that eliminating race...
Sovereign Wealth, Private Equity, and Hedge Funds...Oh My
Americans have long exhibited a suspicion of concentrated pools of capital controlled by small groups...
Swallows Holding Ltd. v. Commissioner: Limited Progress in Rejecting Tax Exceptionalism in Administrative Law
Swallows Holding Ltd. v. Commissioner: Limited Progress in Rejecting Tax Exceptionalism in Administrative Law
New York District Court Dismisses Major Rights Suit on Apartheid
In In re South African Apartheid Litig., the district court for the Southern District of...
Clint Bolick Reviews # Educational Freedom in Urban America: Brown v. Board After Half a Century by David Salisbury and Casey Lartigue Jr.
Last year our nation celebrated the 50th anniversary of Brown v. Board of Education—and lamented...
Chief Justice Rehnquist and the Freedom of Speech
With time or overuse, even the most spot-on insight can degrade to a tired cliché...
Standing in the Hot Seat: Climate Change Litigation
The future of climate change policy may be decided in a federal courtroom rather than...
Jeremy Rabkin Reviews The Constitution's Text in Foreign Affairs by Michael D. Ramsey
Michael Ramsey’s new book is not likely to become a bestseller. Th e book is...
Keeping the Courthouse Door Open for International Law Claims Against Corporations: Rethinking Sosa
In its 2004 decision Sosa v. Alvarez-Machain, the Supreme Court seemed to resolve the long-standing...
Finding Terrorist Needles: The Automated Targeting System
On any given day, U.S. Customs and Border Protection (CBP), the agency within the Department...
The Matrix of Human Rights Governance Networks
Twenty years ago, no reasonable person could have successfully argued that it was possible for...
Organized Labor's International Law Project? Transforming Workplace Rights into Human Rights
For more than half a century, large U.S. labor unions, alone or in concert with...
Regulation by Litigation
For over a century, government regulation has largely taken one of two paths. Some agencies...
When Marks Misses the Mark: A Proposed Filler for the "Logical Subset" Vacuum
The discernment of the holding, or ratio decidendi, of a case can be exceedingly difficult...
Resurrect Rule 11
Over the past few years tort reform advocates have realized significant victories at the state...
State Judicial Selection: Once More Unto the Breach
Another election season approaches and with it the debate over the proper mechanism to select...