Articles
Pre-recognition Agreements: Can Employers Lawfully Acquire Contractual Control Over the Future Representative of Their Employees Under § 8(A)(2) of the NLRA?
Consider a hypothetical. An attorney enters into contract with a company. The company agrees to...
"Class" Arbitration? What About the Rights of Absent "Class" Members?
During the past two decades, in response to the cost,risk and inefficiency of the litigation...
Premises Owner Liability for Secondhand Asbestos Exposure: The Next Wave?
Asbestos litigation has evolved over the years as plaintiffs’ lawyers have raised new theories of...
Costing "Early Offers" Medical Malpractice Reform: Trading Non- Economic Damages for Prompt Payment of Economic Damages
In personal injury cases, the current system of tort liability has long been unworkable, especially...
"Playing in the Joints Between the Religion Clauses"... And Other Supreme Court Catchreses
Even when the U.S. Supreme Court reaches the right result in a matter involving church-state...
Public Financing of Campaigns
With the federal government and most states limiting or prohibiting individual, corporate, and union contributions...
State-Level Protection for Good-Faith Pharmaceutical Manufacturers
In 1996, the Michigan legislature enacted a common-sense proposition into law: drug-safety determinations should be...
DaimlerChrysler Corp. v. Cuno and the Constitutionality of State Tax Incentives for Economic Development
In October 2005, legal scholars, economists, and other experts gathered in Minneapolis at an event...
The ADA Opening Doors for the Plaintiff ’s Bar: How Ambiguities in Title III Inhibit Access, Increase Litigation, and Hurt Business
“I also want to say a special word to our friends in the business community,”...
Narrow Tailoring the Federal Transportation DBE Program
Under the Supreme Court’s strict scrutiny test, governments must have both a compelling interest to...
Privilege in Peril: Corporate Cooperation in the New Era of Government Investigations
The protection against disclosure afforded attorney-client communications and attorney work product, a pillar of the...
Supreme Court Preview: Antitrust Scrutiny of Joint Ventures
One of the most significant business cases that the Supreme Court will hear this term...
Contempt of Court & Broken Windows: Why Ignoring Contempt of Court Severely Undermines Justice, the Rule of Law, and Republican Self-Government
Former Mayor Rudolph Giuliani dramatically reduced serious crime in the city of New York by...
Anticipatory Search Warrants: Constitutional Tools for Fighting Crime
Judging from the chatter in that portion of the blogosphere dedicated to law topics, there...
The Threatened and Endangered Species Recovery Act of 2005
In its 32 years of existence, the Endangered Species Act (ESA) has not lived up...
New Regulation of Ocean Dumping: Discharged Ballast Water Must Be Clean
Every oil tanker, freighter and cruise ship carries ballast water. A typical oil tanker will...
A Court United: A Statement of a Number of Ninth Circuit Judges
Last issue, in this space, our colleague, Judge Diarmuid O’Scannlain, wrote a lengthy article, heavily...
The Structural Constitution and the Rehnquist Court
Most retrospectives about the Rehnquist Court frame its legacy in terms of a debate between...