Articles
Business Judgment Rule on the Line: Tower Air, IT Group, and Notice Pleading in Federal Court
The business judgment rule has long been a cornerstone of corporate law and business practice...
The McNulty Memorandum: Recent Modifications to Federal Prosecutorial Policy Regarding Corporations
On December 12, 2006, the Department of Justice (“Department”) announced changes to its corporate prosecution...
The Vienna Convention and the Supreme Court: Reaching the Limits of Internationalism?
The Supreme Court has taken much criticism in certain circles for paying too much attention...
Attorney-Client Privilege Waivers in Criminal Investigations
George J. Terwilliger III: Let us call a spade a spade and put this issue...
The State Secrets Privilege: A Necessary Evil?
The state secrets privilege is a common-law evidentiary privilege that allows the Executive to withhold...
NSA Surveillance: The Litigation and its Implications
On December 16, 2005, the New York Times reported that President Bush had authorized the...
An Update on Terrorism Risk Insurance
On November 26, 2002, the President signed into law the Terrorism Risk Insurance Act of...
The Debate Over Felon Voting
Today, from the bluest of the blue to the reddest of the red, almost every...
The Effect of Identification Requirements on Minority Voter Turnout
Voter fraud is a well-documented and existing problem in the United States. While it is...
Supreme Court Justices Halt Federal Circuit Advance on Lear v. Adkins
The Supreme Court recently put an end to Federal Circuit eff orts to revive a...
Is Copyright Property? Comments on Richard Epstein's Liberty versus Property
In his essay, Liberty versus Property, Richard Epstein offers a Lockean justification for intellectual property...
The Real ID Act Border Fence Provision: Congress Delegates Power to the Executive to Waive Laws in the Interest of National Security
Most readers of Engage are likely familiar with the ongoing public controversy over proposals to...
Is there a Danger the Emerging International Courts Will be Politicized? Lessons from the International Court of Justice
For centuries, international law regulated relations between states. With rare exception, it did not create...
Charges of Judicial Activism in Europe
Judicial activism was a core issue in the Senate hearings on President Bush’s Supreme Court...
The Pension Protection Act of 2006: Death-knell for Defined Benefit Pension Plans?
The private pension system in the United States has been in deep decline for many...
Ninth Circuit Court of Appeals Holds United Parcel Service, Inc. Violated Americans with Disabilities Act, Forbidding Deaf Drivers
Anyone who has traveled on an interstate highway has probably had the same experience: A...
Some Thoughts on the e-Discovery Amendments to the Federal Rules of Procedure
On December 1, 2006, amendments to the Federal Rules of Civil Procedure, addressing the discovery...
Fifth Consecutive State High Court Rejects Medical Monitoring
Recently, the Mississippi Supreme Court, in Paz v. Brush Engineered Materials, Inc., became the fifth...