Articles
United States v. Craft: Creating a Federal Common Law of Property?
The meaning of “property” in the federal context is not always clear—and courts have given...
South Dakota's Eminent Domain Experiment to Curb Private Condemnation by Railroads
The government’s eminent domain power is an extreme one, grounded in the nature of sovereignty...
U.S. Supreme Court Jurisprudence on Implied Private Rights of Action: The Pendlum Swings Back
Congress often does not explicitly provide for a private right of action when it enacts...
Supreme Court 2001-2002 Term: Summary of Decisions on Federalism and Separation of Powers
Sovereign ImmunityFed. Maritime Comm’n v. S.C. State Ports Auth., 122 S. Ct.1864 (2002).Decided May 28,...
Racial Profiling of Borrowers: An Idea Fraught With Peril
In the early 1970s, during my first days as a banking lawyer, I was anxious...
Free Speech War on the Range: Legal Challenges to Nation's Commodity Checkoff Programs
Got Milk? The question may sound innocuous, but for many of America’s independent farmers...
Constitutional and Policy Issues Regarding Domestic U.S. Enforcement of the Proposed Biological Warfare Convention Inspection Protocol
The first wave of targeted biological warfare attacks on the United States has driven the...
Eldred v. Ashcroft: Just Another Mickey Mouse Copyright Case?
Currently on the Supreme Court’s docket is the case of Eldred v. Ashcroft, which challenges...
Case Notes: The Holmes Group, Inc. v. Wornado Air Circulation Systems, Inc.
A significant portion of the patent bar was caught off-guard when the Supreme Court recently...
The Imperfection of Language: Festo Sets a Forseeability Bar for Presecution History Estoppel
In its recent decision in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd (“Festo...
The Supreme Court Limits State Censorship of Judicial Campaign Speech
The election of state judges has been controversial at least since the Progressive Era. For...
Legal Fee Awarded in the State Tobacco Suits and Other Mass Tort and Class Action Cases Face New Ethics and Legal Challenges
Some recent court proceedings that have received little attention in the mainstream news media suggest...
The Federalism Side of School Vouchers
By upholding Ohio’s school voucher program against an Establishment Clause challenge to the inclusion of...
Democracy, Secularism and Religious Faith in America
Remarks at Ave Maria Law School (March 22, 2002):As American citizens, we participate in a...
The Future of American Spectrum Policy
When I arrived at the Federal Communications Commission about a year ago — after stints...
New Communications Technologies and Winning the War on Terror
In winning the war on terror, the West has the option of confronting radical Islam...
Implications of the Supreme Court's Verizon v. FCC Decision
Telecommunications deregulation suffered a serious setback on May 13 when the Supreme Court handed down...
Speech and Privacy Regulation in the World of Drugs and Healthcare
MR. WALLER: I’m the Chair of the Federalist Society’s Food and Drug Subcommittee and I’m...