Articles
James A. Sonne Reviews The Freedom of Faith-Based Organizations to Staff on a Religious Basis by Carl H. Esbeck, Stanley W. Carlson-Thies, and Ronald J. Sider
As the French historian Alexis de Tocqueville once wrote of America in the mid-nineteenth century,...
Reynolds v. Department of Transportation, State of Alabama, et al.
For years courts have struggled with the scope of an attorney’s right to communicate with...
Oath-Breakers
“Oath-breaker.” In the mystical and now-familiar world of J.R.R. Tolkien’s fantasy, a person’s word was...
Discrimination, Retaliation and Implied Private Rights of Action
On Tuesday, November 30, 2004, the U.S. Supreme Court heard oral argument in Jackson v....
Voting by Military Personnel and Overseas Citizens
All United States military personnel and their dependents, as well as American citizens located abroad,...
Rethinking Campaign Finance Prohibitions
Modern politicians and activists face a sea of complex and contradictory campaign finance regulations. Every...
Mark A. Behrens & Andrew W. Crouse Review Shakedown: How Corporations, Government and Trial Lawyers Abuse the Judicial Process by Robert A. Levy
Cato Institute Senior Fellow Robert A. Levy’s latest book, Shakedown: How Corporations, Government and Trial...
The Iraqi Special Tribunal: Securing Sovereignty from the Ground Up
The exercise of punitive criminal accountability pursuant to domestic laws is at the heart of...
Engage Volume 5, Issue 2, October 2004
ADMINISTRATIVE LAW & REGULATION Constitutional Restoration by Executive Order by John O. McGinnis CIVIL RIGHTS...
Constitutional Restoration by Executive Order
I offer here a fresh normative defense of the president’s exercise of regulatory review authority...
The Conservative Case against the Federal Marriage Amendment
Can you blame conservatives for proposing the Federal Marriage Amendment (FMA)? Having been deprived of...
Supreme Court Preview: Disparate Impact Claims under the ADEA
Later this year the Supreme Court will hear arguments in Smith v. City of Jackson,...
Affirmative Action for Immigrants?
President Bush has proposed that there be a new “temporary worker program to match foreign...
Measuring the Explosive Growth of Federal Crime Legislation
The Federalist Society commissioned a study to ascertain the current number of crimes in the...
Maximum Confusion: A Prosecutor’s View of Crawford v. Washington
In Crawford v. Washington, the Supreme Court decided that the Confrontation Clause of the Sixth...
Silent No More: Hiibel and Its Implications
In Hiibel v. Sixth Judicial Dist. Court of Nevada, the Supreme Court held that a...
Building a Better Terry Stop: The Case for Hiibel
Hiibel v. Sixth Judicial District Court, decided by the Supreme Court in June, is an...
Dramatic State Cases Largely Support Property Rights
The state courts have continued to issue environmental law and property rights cases. Some support...