Articles
The Federalism Aspect of the Establishment Clause
In the early 21st century, the generally accepted understanding of the Establishment Clause is largely...
The Nevada Gambit: Is Republican Government Still Guaranteed?
In 1994 and again in 1996, Nevada voters overwhelmingly approved an amendment to their state...
OCC Preemption: Advancing Regulator Competition
As a rule, I dislike federal preemption. I prefer the republican capitalism of 50 states...
The Run for the Roses Meets the First Amendment: An Overview of Desormeaux v. Kentucky Racing Commission
In addition to an upset winner and nationwide sensation in Funny Cide, the 2003 Kentucky...
Swift Boat Democracy & the New American Campaign Finance Regime
Commonly known as McCain-Feingold in the Senate and Shays-Meehan in the House, the Bipartisan Campaign...
Hidden Reefs: Potential Dangers to Intellectual Property Rights Under the Law of the Sea Treaty
The exercise of punitive criminal accountability pursuant to domestic laws is at the heart of...
Right to Work Laws are OK: Legal Challenges to Oklahoma’s Recently Enacted Right to Work Law
Twenty-two states have Right to Work laws. These laws prohibit compulsory unionism—usually an agreement between...
The Misfit Doctrine: Integrated Enterprise in the Title VII Context
With increasing frequency Plaintiffs’ attorneys, ever in seek of the deepest pocket, are relying on...
The Murky Politics of Removal Jurisdiction
Liberals often like substantive federal law. As compared with state legislatures whose interests they sometimes...
Mississippi Sees Significant Improvements in Civil Justice Fairness and Predictability
Dramatic changes in Mississippi over the last two years will improve the state’s civil justice...
Due Process and the Role of Legal Counsel in the War on Terror
Just a little explanation here — I’m not representing the government. I don’t agree with everything...
I, Plaintiff: A Chat with Joshua Davey
The State of Washington’s Promise Scholarship program thrust Joshua Davey into the legal spotlight as...
Reflections on Newdow
The Newdow case has gone away but the fuss about “under God” will not. Even...
Beyond the Pledge of Allegiance: Hostility to Religious Expression in the Public Square
I appreciate the opportunity to share with the Subcommittee some thoughts about the place of...
Listening to VOIP
The current debate in Congress and at the FCC over regulating voice over Internet protocol...
John D. Pickering Reviews Biz-War and the Out-of-Power Elite: The Progressive-Left Attack on the Corporation by Jarol B. Manheim
Quick: Who is Joseph Mailman? Ever hear of the Tides Foundation? How about Shaman Pharmaceuticals?...
Jeffrey Ladik Reviews Social Security and its Discontents Edited by Michael D. Tanner
The “third rail” of politics, Social Security, is without doubt an extremely controversial political issue....
Knorr-Bremse: An Opportunity to Modify the Opinion of Counsel Defense in Patent Law
It is not uncommon for one’s client to learn that another’s patent might implicate its...