Articles
Two Civil Rights Decisions Close Out Supreme Court's 2008 Term
The Supreme Court’s 2008 Term concluded with opinions in two closely followed civil rights cases,...
Incorporating Gun Rights: A Second Round in the Chamber for the Second Amendment
The Supreme Court’s October Term 2009 will see another major gun-rights case, the second in...
Getting Beyond Guns: Context for the Coming Debate over Privileges or Immunities
As it struggled to cope with the aftermath of the Civil War and to dismantle...
Looks Can Be Deceiving: Holdout Litigation Under the Foreign Sovereign Immunities Act
Historically, sovereign lending has been dominated by a small group of large banks and financial...
Judicial Review of Mutual Fund Advisory Fees: Reliance on Markets or Statutory Language?
Do you own mutual fund shares either directly or through your 401(k) plan? If so,...
Miranda with an English Accent
You live in England. You have dabbled in some illegal activities and now find yourself...
Whither the Rule of Lenity
The “rule of lenity” “requires ambiguous criminal laws to be interpreted in favor of the...
Ripening Federal Property Rights Claims
The Fifth Amendment to the United States Constitution provides that “private property [shall not] be...
The Supreme Court and the Judicial Takings Doctrine
This Fall, the United States Supreme Court will hear arguments in Stop the Beach Renourishment...
The Stop Trading on Congressional Knowledge Act
Over time, nobody beats the market. This basic premise of efficient capital markets theory has...
The Financial Reform Plan: What It Means for Insurance Companies
On June 17, 2009, the U.S. Treasury Department released the Obama Administration’s framework for financial...
A Cold Breeze in California: ProtectMarriage Reveals the Chilling Effect of Campaign Finance Disclosure on Ballot Measure Issue Advocacy
On November 4, 2008, the election of President Obama coincided with the passage of Proposition...
Attack Ballot Issue Disclosure Root and Branch: Comment on A Cold Breeze in California: ProtectMarriage Reveals the Chilling Effect of Campaign Finance Disclosure on Ballot Measure Issue Advocacy
For years, the lower federal and many state courts have given short shrift to the...
Rebuttal to Steve Simpson's Response to A Cold Breeze in California: ProtectMarriage Reveals the Chilling Effect of Campaign Finance Disclosure on Ballot Measure Issue Advocacy
I have had the opportunity to consider First Amendment associational privacy and anonymity in greater...
Politics for Professionals Only: Ballot Measures, Campaign Finance "Reform," and the First Amendment
When Scott Eckern donated money to an election committee, little did he know that it...
Qui-tam-osaurus, the Statutory Dinosaur: Evolution or Extinction for the Qui Tam Patent False Marking Statute?
Get rich quick! Sue for fun and profit! Sound like a hoax? Only time will...
Nashville in Africa: Intellectual Property Law, Creative Industries, and Development
Nashville, Tennessee, was once a struggling city in one of the poorest regions of the...
The Fourth Amendment Goes to War
Early one morning last March, I received a phone call from David Barron, who had...
Constitutional Limits on Punitive Damages: An Evaluation of the Role of Economic Theory in Prescribing Constitutional Constraints on Punitive Damage Awards
Over the last fifteen years, the Supreme Court has formulated new constitutional principles to constrain...
A Wave of ADA Public Accommodation Lawsuits Moves from Florida and California to the Rest of the United States
There recently has been a surge of private plaintiff lawsuits filed under the public accommodation...
Government Ethics in President Obama's First Year: A Preliminary Assessment
Barack Obama campaigned on a promise to bring ethics to Washington. On January 21, 2009,...
Why the Supreme Court Has Fashioned Rules of Standing Unique to the Establishment Clause
The U.S. Supreme Court is quite vigilant in enforcing its justiciability rules concerning standing to...
Smith, Stormans, and the Future of Free Exercise: Applying the Free Exercise Clause to Targeted Laws of General Applicability
Suppose that a new Christian church in town announced that it will have a special...
Federalism: Political Identity and Tragic Compromise by Malcolm M. Feeley & Edward Rubin
In Federalism: Political Identity and Tragic Compromise, Professor Malcolm Feeley and Dean Edward Rubin continue...
Regulation by Litigation by Andrew P. Morriss, Bruce Yandle & Andrew Dorchak
Regulation by Litigation, an innovation in American political theory, has descended upon the American polity,...
Engage Volume 10, Issue 3, November 2009
*Online-Only Issue* CIVIL RIGHTS Two Civil Rights Decisions Close Out Supreme Court's 2008 Term by...