Articles
Congress Moves Forward on Ambitious Financial Services Agenda
On the heels of the 107th Congress, which enacted the most sweeping securities law reforms...
Supreme Court Update: 2003 2nd Quarter
Since 1907, corporations have been prohibited from contributing directly to candidates in federal elections. See...
Heartache Over HIPAA
Churchgoers in a small New England town were astonished by an announcement from the pulpit...
Lawfully Defending Peace: The Bush Doctrine and the Global War on Terrorism
The barbarians are always at the gate. Conflict is a natural consequence of the human...
Eldred v. Ashcroft: The Supreme Court's Mickey Mouse Copyright Decision
Recently decided by the Supreme Court is the case of Eldred v. Ashcroft, which challenged...
State Sovereign Immunity and the Enforcement of Intellectual Property Rights
If angels were to govern men, neither external nor internal controls on government would be...
Nevada v. Hibbs: An Unsound Departure from the States' Rights Trend
In 1997, William Hibbs, an employee of Nevada’s Department of Human Resources, sought leave to...
The Breadth of Hoffman Plastic
In Hoffman Plastic Compounds, Inc., v. NLRB, 122 S.Ct. 1275 (2002), the Supreme Court was...
Restoring the Rule of Law in Class Actions: Congress Considers the Class Action Fairness Act of 2003
The system of dual sovereignty known as federalism is a fundamental and cherished part of...
Punitive Damages and the Supreme Court: A Tragedy in Five Acts
First, I want to situate Tort law in a way that allows us to understand...
The Splintered Opinion in Green Tree: A Roadmap Through Arbitration Federalism
In Green Tree v. Bazzle, a case decided in June, 2003, the United States Supreme...
Legislating Morality in the 21st Century
[T]he Court … says: “[W]e think that our laws and traditions in the past half...
After the 1999 Code Amendments: The Future of Ethics
On July 14, 1999, the presiding Justices of the Appellate Division of the New York...
RLUIPA May not Pass Constitutional Scrutiny
The Religious Land Use and Institutionalized Persons Act of 2000 (hereafter, “RLUIPA” or the “Act”)...
The FCC Makes Historic, and Controversial, Changes to its Media Ownership Rules
Rarely does an action taken by the Federal Communications Commission (FCC) result in groups as...
The FCC's New Media Ownership Rules: What's All the Controversy About?
On July 2, 2003, the Federal Communications Commission adopted new rules to govern the ownership...
John Eastman Reviews "Narrowing the Nation's Power: The Supreme Court Sides With the States" - By Judge John T. Noonan
Even before opening Judge John T. Noonan, Jr.’s latest book, Narrowing the Nation’s Power: The...
Panel Analyzes First Amendment Concerns Raised in Pharmaceutical Regularion: Summary of "FDA and the First Amendment"-- October 21, 2002
Recent court decisions reflect increasing judicial interest in the constitutional rotections afforded to speech regarding...