Articles
The Employee Free Choice Act and the South
The Employee Free Choice Act (EFCA)1 is among the top items on President Obama’s legislative...
Engage Volume 10, Issue 1, February 2009
*Online-Only Issue* CIVIL RIGHTS Lights, Camera, Legislation: Congress Set to Adopt Hate Crimes Bill that...
Lights, Camera, Legislation: Congress Set to Adopt Hate Crimes Bill that May Put Double Jeopardy Protections in Jeopardy
Americans were horrified by the brutal murders of James Byrd in Jasper, Texas and Matthew...
One Year Later: A Reflection on Parents Involved in Community Schools
A little more than a year has passed since the U.S. Supreme Court issued its...
A New Era in Federal Preferential Contracting?
On Election Day, while the country’s attention was otherwise engaged, the Federal Circuit Court of...
Hexion v. Huntsman: Elaborating the Delaware MAC Standard
In any large corporate acquisition, there is a delay between the time the parties enter...
A Primer on Credit Default Swaps
The recent financial crisis and resulting government bailouts have led many people to search for...
The Unfinished Daubert Revolution
The American judiciary traditionally had a laissez-faire approach toward the admissibility of most categories of...
Testing Rapanos: United States v. Robison and the Future of “Navigable Waters”
An apocryphal tale concerning Justice Story relates that “if a bucket of water were brought...
Navigating EPA’s Vessel Discharge Program
Two-thousand-and-eight was, relatively speaking, not a blockbuster year for any major federal environmental initiatives. The...
Federalism and the International Criminal Court
At a luncheon at the University of Mississippi, the European Union’s former ambassador to the...
The Troubled Asset Relief Program and Insurers
On October 3, 2008, the Emergency Economic Stabilization Act of 2008 (EESA) established the Troubled...
SpeechNow.org and the Paradox of Buckley v. Valeo
The right to free speech, including the right to speak out about who should be...
Davis v. FEC and the Constitutionality of “Clean Elections” Systems
In a “clean elections” system, taxpayer funded candidates must agree to limit their campaign spending....
In re Bilski: Business Method Patents Transformed?
The day before Halloween, the Court of Appeals for the Federal Circuit released its much-anticipated...
The Inspirational Power of American Constitutionalism
It is my belief that the normative order of society, that is, its system of...
Kyoto II as Congressional-Executive Agreement: The Emerging Strategy?
The new Obama administration generated great expectations, not least among those seeking to craft a...
Title VII Retaliation Claims after White: The Struggle to Define Materially Adverse Conduct in the Context of the Reasonable Employee Standard
On June 22, 2006, the U.S. Supreme Court issued its opinion in Burlington Northern &...
Boston Harbor’s Unresolved Presumption
A project labor agreement (“PLA”) is a union collective bargaining agreement that all contractors must...
Oral Argument in Wyeth v. Levine Marks Change in Drug Litigation Preemption Debate
On November 3, 2008, the Supreme Court heard oral argument in Wyeth v. Levine to...
The Discipline of Prosecutors: Should Intent be a Requirement?
The American prosecutor is an amalgam in terms of historical background. The office as it...
Monumentally Speaking: Pleasant Grove City v. Summum
In a case brought by a quirky religion against a small city council, Pleasant Grove...
Two Visions, Two Results
Most religious believers, whatever their age, see their minister once or twice a week for...
Equal Treatment for Religious Expression after Colorado Christian University v. Weaver
The Bush Administration conceived the so-called “Faith-Based Initiative” to leverage the eff orts of religious...
The FCC’s Stalled Attempt to Breathe Life into Commercial Leased Access of Cable Television
Back in the 1980s and 1990s, when the only way to get television programming was...
Broadcast “Fairness” in the Twenty-First Century
The broadcast Fairness Doctrine, which formally existed from 1949 to 1987, required broadcast licensees to...
FCC v. Fox and the Future of the First Amendment in the Information Age
On November 4th, 2008, the Supreme Court heard oral arguments in the potentially historic free...
Paul Horwitz reviews The Invisible Constitution by Laurence Tribe
The Book of Hebrews tells us that faith is “the substance of things hoped for,...
Vincent Vitkowsky reviews Law and the Long War by Benjamin Wittes
Public attention to the war on terror has waned. The financial crisis, general weariness, and...