Articles
Can the Golden State Catch a Greenhouse Waiver?
In 2004, the California Air Resources Board (CARB) adopted the nation’s fi rst regulations limiting...
Do Inclusionary Zoning Laws Violate Nollan, Dolan, and the Doctrine of Unconstitutional Conditions?
In most parts of the country, there is a shortage of low-income housing. Local governments...
Federal Aid to the States
In recent years, members of Congress have inserted thousands of pork-barrel spending projects into bills...
Securities and Exchange Commission Issues Guidance on Management's Evaluation of Internal Control Over Financial Reporting
The Securities and Exchange Commission (SEC) recently issued interpretative guidance (“Guidance”) in connection with corporate...
Violence is not Obscenity
On September 17, 2007, the United States District Court for the Western District of Oklahoma...
How Patents Can Help Those Interested in the Environment and World Health
It has become fashionable to argue that patents frustrate important social goals like protecting the...
Public Committee Against Torture in Israel v. Government of Israel: U.S. Military Commissions through the Lens of the Supreme Court of Israel
The legal dimension of the struggle to defeat terrorists has at times overshadowed the armed...
Sarbanes-Oxley Whistleblower Provisions: A Study in Statutory Construction
In the February 2007 issue of Engage, J. Gregory Grisham and James H. Stock, Jr....
New Opportunities for Defendants in Securities Class Actions
The securities class action litigation industry, known for its stability the last twenty or so...
West Virginia Supreme Court Strikes Down Learned Intermediary Rule
In 1999, the New Jersey Supreme Court created an unprecedented exception to the learned intermediary...
Engage Volume 8, Issue 4, October 2007
ADMINISTRATIVE LAW & REGULATION The Roberts Court Wades into Products Liability Preemption Waters: Riegel v....
The Roberts Court Wades into Products Liability Preemption Waters: Riegel v. Medtronic, Inc.
With Riegel v. Medtronic, Inc., the Roberts Court makes its inaugural foray this term into...
No Big Surprise: A Review of the Seattle Schools Case
On June 28, 2006, the Supreme Court issued its decision (along with several concurring and...
Can the Federal Transportation DBE Program Be Narrowly Tailored to Remedy Discrimination?
The federal transportation Disadvantaged Business Enterprise (DBE) program is a relic from another era that...
Point-Counterpoint: Affirmative Action Hiring Practices in the New Court Era
Two things that the past few months have proved about the Supreme Court, when it...
The Roberts Court Antitrust Jurisprudence: The Chicago School Marches On
The Supreme Court issued four antitrust decisions this term—(the most since the 1989-90 term)—and seven...
The End of the Road for Dr. Miles: Leegin Creative Leather Products, Inc. v. PSKS, Inc.
When Robert Bork published The Antitrust Paradox in 1978, he could argue that in antitrust...
Majority Voting: Acting in the Best Interest of Stockholders, or Following the Herd?
In 2003 the Securities and Exchange Commission proposed a rule that would, under certain circumstances,...