Articles
Making Sense of the Establishment Clause
While the jurisprudence of the Establishment Clause may not make much sense (common or otherwise)...
The Growing Clash Between Religious Freedom and the Gay Movement
I want to thank the Federalist Society for inviting me today. At many law schools...
The Founders’ Intent, Constitutional Provisions, and Limits on Spending Power and Delegation
The questions we will look at today is, is that appropriate? Is that constitutional? Does...
What is Private, and What is Protected, in the Privacy Protection Act?
The Privacy Protection Act (PPA) labors under a bit of a misnomer; for what it...
Conservation without Regulation: Property-Based Environmental Protection
It’s a pleasure to be here on this fine afternoon. What I want to do...
Article 1, Section 8 of the Constitution: A Private Right of Action for Citizens Seeking Equal Protection under U.S. Immigration Laws
Thousands of citizens in this country are confronted with an odd dilemma—they are unable to...
Public Nuisance Litigation against Subprime Industry Hits Roadblock in Cleveland
Over the past decade, elected city offi cials around the country have attempted to achieve...
The American Recovery and Reinvestment Act and Faith-based Organizations
The American Recovery and Reinvestment Act (ARRA or “stimulus plan”) allocates nearly 800 billion federal...
Self-Protectionism: The Economics and Politics of Trade
Although the basic arguments of trade were established more than two centuries ago, they continue...
Responding to the Financial Crisis
I am grateful to the Federalist Society for convening us here on a timely and...
Judgment Calls by Daniel Farber and Suzanna Sherry
Although it claims to reject interpretive schools on both the left and the right in...
EFCA’s Other Provisions
Employees in America have long enjoyed and exercised the right to a secret ballot election...
France Says Non to Affirmative Action: Will the U.S. Do the Same?
After devoting a half-century to devising (new) justifications for differential treatment of citizens on the...
Regulatory Activity in the Bush Administration at the Stroke of Midnight
One of the first acts of the Obama administration was a January 20 memorandum from...
The Economic Crisis: Wall Street, Main Street, or K Street?
It is an honor to be here. I’m happy to see so many people have...
Point-Counterpoint: Repairing the Clean Water Act
Currently, the Federal Water Pollution Control Act (hereinafter referred to as the “Clean Water Act”)...
Government-Run Broadband: Will it Work this Time?
In “Th e Music Man,” Professor Harold Hill convinced the people of River City, Iowa...
Law and Judicial Duty by Philip Hamburger
Philip Hamburger’s Law and Judicial Duty is an incredible book. Of the books I have...
Flip of a Coin? The Appropriate Standard of Review in Government Licensing
What standard of proof should the government meet to impose sanctions on an individual licensed...
The Law Market by Erin O'Hara and Larry Ribstein
French political economist Frederic Bastiat once had a “market epiphany” of sorts. In chapter 18...
No Cure for Corruption: Public Financing under Constitutional Constraints
Barack Obama’s victory over John McCain was due in no small part to his spending...
Does the Attorney-Client Privilege Cover a Law Firm’s Consultation with In-House Counsel About Issues Involving Current Clients?
These last two decades have seen the dramatic rise of in-house counsel at large law...
Bartlett v. Strickland: Is a Stopping Point Near for Race-Conscious Districting?
In Bartlett v. Strickland, the U.S. Supreme Court found that there is a stopping point...
The Wind Versus Flood Dispute: A Conflict of Interest; A Review of the Proposed Multiple Insurance Act of 2009
When Hurricane Katrina struck the Gulf Coast on August 29, 2005, the destruction left in...
Conscience Protection in Health and Human Services
On August 21, 2008, Secretary of Health and Human Services (HHS) Mike Leavitt proposed regulations...
This Much Is Clear: The Failure to Recognize Statutory Ambiguity in National Cotton Council v. EPA
The Sixth Circuit recently struck down an EPA Clean Water Act (CWA) regulation that sought...
The Constitutional Challenge to Statutory Damages for Copyright Infringment: Don’t Gore Section 504
In its 1996 decision in BMW v. Gore, the Supreme Court read the Due Process...
In re Bilski: Letter to the Editor and Response
David L. Applegate concludes in “In re Bilski: Business Method Patents Transformed?” (Engage 10, no....
Engage Volume 10, Issue 2, July 2009
*Online-Only Issue* Special Edition: Templeton Debates Making Sense of the Establishment Clause Jeffrey Shulman The...