Articles
The Secret History of the Administrative State
For the last couple years, I have been digging into some history that sheds new...
The Presidential Appointment Process at the Beginning of the 21st Century
The quality of appointments to the executive branch has long been identified as a vital...
C. Boyden Gray Reviews "Judge Dave and the Rainbow People" - by Judge David Sentelle
In writing a review of Judge David Sentelle’s book, Judge Dave and the Rainbow People,...
F. Scott Kieff Reviews "Grace Periods and the European and INternational Patent Law: Analysis of Key Legal and Socio-Economic Aspects" - by Joseph Straus
This monograph, published as volume 20 in the Max Plank Institute’s series entitled International Review...
Nelson Lund Reviews "Bush v. Gore: The Question of Legitimacy" - Edited by Bruce Ackerman
The 2000 election generated the most famous Supreme Court decision of recent times. Bush v....
D. Eric Schippers Reviews "The Rule of Lawyers: How the New Litigation Elite Threatens America's Rule of Law - By Walter K. Olson
“What has happened is that the legislatures ... have failed,” boasted trial lawyer John...
Cornerstones of American Democracy: A Primer on Judicial Restraint, Federalism, and Nominations to the Federal Bench
A fully-staffed, balanced, and independent judiciary is necessary for the protection of our safety, freedom,...
A Dialogue on Reparations
Between an Opponent and a Supporter: A: Should African Americans be paid reparations for slavery?...
The Friendly Neighborhood Trade Commission
In some sectors of our economy, the rise of Internet commerce has prompted a dramatic...
Producing Inefficiency: The Perishable Agricultural Commodities Act
Originally enacted in 1930, the Perishable Agricultural Commodities Act (“PACA”) was intended to protect the...
Project Safe Neighborhoods and Fair-Weather Federalism: "Saving" the Second Amendment by Undermining the Tenth
Gun rights supporters in the Bush Administration and Congress are currently engaged in a dubious...
Cybercrime Conference Remarks by John Malcolm
MR. MALCOLM: The debate about how to strike a proper balance between cherished privacy rights...
Courts Frown on Economic Development Condemnations in 2002
While municipalities and states continue to aggressively court private business by offering them other people’s...
Searching Private Businesses and Other Property Without a Warrant
When the police or other Executive Branch officers conduct searches under civil and environmental statutes,...
The Establishment Clause, Federalism and the States
At the conclusion of its 2001-2002 term, the Supreme Court issued its opinion in Zelman...
Can a Man Head the Women's Bureau at the Department of Labor?
Can a man become the Director of the Women’s Bureau at the Department of Labor?...
Sprietsma v. Mercury Marine: How Preemption and Administrative Law Intersect
In its recent decision in Sprietsma v. Mercury Marine, the United States Supreme Court again...
The Role of the Senate in Judicial Confirmations
For the last few weeks, a constitutional crisis has been brewing in the United States...