Articles
Glenn Sulmasy Reviews "Legal and Ethical Lessons of NATO's Kosovo Campaign" - By Andru E. Wall
In August of 2001, a group of leading international law scholars gathered at the U.S....
Peter Kirsanow Reviews "No Excuses: Closing the Racial Gap in Learning" - By Abigail Thernstrom
No Excuses – Closing the Racial Gap in Learning is the most important civil rights...
Robert Levy Reviews "Skepticism and Freedom: A Modern Case for Classical Liberalism" By Richard A. Epstein
Some years ago, I first heard Richard Epstein sermonize on the majesty of a free...
The Diversity Lie
Last term, the Supreme Court mulled over the legality of the University of Michigan’s consideration...
A Roadmap for the Continuing Legal Challenge to Race-Based Admissions
The higher education establishment breathed a sigh of relief in June when the Supreme Court’s...
Racial Profiling and the War on Terrorism
Roger Clegg’s encomium to the Justice Department’s new position on racial profiling contains several perfectly...
In Defense of Common Sense: The Case for Terrorist (Not Racial) Profiling
On September 11, 2001, 19 male Muslim fundamentalists of Arab descent murdered 3,000 people on...
Mandatory Expensing of Stock Options: A Bad Idea Whose Time Has Not Come
The corporate scandals of the last few years have dramatically altered the landscape of corporate...
Harmonization, Preemption, or Federalism?
Blue Sky laws aren’t much fun for a securities lawyer. Often an afterthought, and nearly...
Echoes of a Muted Trumpet
Forty years ago, the United State Supreme Court ruled that the Constitution gives every person...
Federal Plea Agreements: The Engine That Drives the Prosecution of Increasingly Complex Crimes
There has been much controversy and criticism, from academia, the bench and the criminal defense...
Smoke and Mirrors on Race and the Death Penalty
Claims that the death penalty is enforced in a manner that discriminates on the basis...
The Anti-Energy Litigation of the State Attorneys General
Does Section 108 of the Clean Air Act (CAA) impose a “mandatory duty” on the...
New Source Review (NSR): A Plain English Primer and Update on EPA's Recent Changes
In May, 2003, EPA received over 225,000 comments on a proposed regulation. This number covers...
Comment: Nevada Department of Human Resources v. Hibbs
In a Term that has laid to rest the exaggerated claim that the Rehnquist Court...
The Endangered Species Act: Does It Have a Stopping Point
In several recent decisions, the United States Supreme Court has held that Congress cannot use...
Federalism and Separation of Powers: Supreme Court 2002-2003 Term
Sprietsma v. Mercury Marine, 123 S. Ct. 518, 537 U.S. 51 (2002). Decided: Dec. 3,...
PATRIOT Games: Common Myths About the USA PATRIOT Act
MYTH: Thousands of people were rounded up after September 11, 2001 and detained for long...