Articles
Engage Volume 11, Issue 1, March 2010
*Online-Only Issue* ADMINISTRATIVE LAW & REGULATION The Regulation of Prescription Drug and Restricted Medical Device...
The Regulation of Prescription Drug and Restricted Medical Device Advertising
As the Internet’s presence in the lives of Americans grows, so does the opportunity for...
Fixing the Civil Rights Commission
Several dozen advocacy organizations have recently promoted a high-profile proposal to “fix” the U.S. Commission...
Lyondell Chemical Co. v. Ryan: The Duty of Good Faith Comes to Revlon-Land
Section 102(b)(7) of the Delaware General Corporation Law authorizes Delaware corporations to include in their...
The Record of the Roberts Court in Environmental Cases: Pro-Business or Pro-Government?
The Supreme Court’s October 2008 Term was not particularly good for environmentalist groups. Indeed, it...
Junk Science and Climate Change: Thoughts from the Federalist Society's 1997 Colloquium on "Junk Science, the Courts, and the Regulatory State"
In recent months global climate change has once again taken center stage in the public...
The Individual Health Insurance Mandate and the Constitutional Text
The health care bill recently passed by Congress includes an “individual mandate” requiring most Americans...
Originalism, in a Nutshell
What is originalism? It is a bedrock of constitutional interpretation for federalists, but many have...
Anna Nicole Smith Goes Shopping: The New Forum Shopping Problem in Bankruptcy
In the United States, relations between debtors and their creditors are governed by two distinct...
Proposed Federal Legislation Seeks to Overturn Supreme Court Limits on Aiding and Abetting Liability in Certain Securities Cases
Under recently-introduced legislation, a company’s bankers, auditors, business partners, and outside lawyers could be held...
Why Vote in Secret? Balancing Autonomy and Accountability in Absentee, Card Check, and Corporate Voting Contexts
The way a group, jurisdiction, or nation votes, and makes decisions binding on their members...
The Regulation of Grassroots Lobbying
President Obama’s domestic policies have generated opposition among many in the general public and mobilized...
Sixty Years Later: Holden Caulfield, Fair Use, and Prior Restraint Under the Copyright Act
When J.D. Salinger published The Catcher in the Rye in 1951, he likely had little...
"Promoting the Progress" or Paying for Delay? Balancing Patent and Antitrust Law in the Age of Health Care Reform
In patent litigation valued between $1 million and $25 million, a patent owner should expect...
Putting Terrorists out of Business: Using Sarbanes-Oxley to Prosecute Terror Financiers
Assume a charity solicited contributions from donors willing to support a religious or social cause...
The European Union, the Treaty of Lisbon, and "Justice and Home Affairs"
With the vote of the Irish in a referendum and the signature of a reluctant...
International Law Under the Constitution and Transnational Progressives
The U.S. Constitution created the structure for a sovereign nation operating in an international system....
The Future of Work Status Legislation and E-Verify
In the current debate over unauthorized immigration, many policymakers have proposed improvements to the nation’s...
RAND Issues Report on Abuse of Medical Diagnostic Practices in Mass Litigation
In June 2005, United States District Court Judge Janis Graham Jack of the Southern District...
Holding Pharma Plaintiffs to Their Pleading Burden: Implications of Twombly and Iqbal
State and federal courts nationwide are home to a staggering number of pharmaceutical product liability...
Authorities Split After the Supreme Court's Hall Street Decision: What Is Left of the Manifest Disregard Doctrine?
Arbitration is a private-sector court. Rather than litigating in a government court (in which a...
Christian Legal Society v. Martinez: Religious Student Groups, Nondiscrimination Rules, and the Constitution
In Christian Legal Society v. Martinez, the United States Supreme Court will decide whether the...
Positive Secularism and the American Model of Religious Liberty
At its best, the American model of religious liberty is not a freedom from religion...
The Opportunity and Peril of Smart Grid
Last year witnessed “the smart grid” going from an arcane concept about updating the electric...
Crisis and Command: A History of Executive Power from George Washington to George W. Bush by John Yoo
How do so-called “great” Presidents interpret and use their constitutional powers differently from average Presidents...
The National Security Court System: A Natural Evolution of Justice in an Age of Terror by Glenn Sulmasy
Glenn Sulmasy’s fine work, The National Security Court System: A Natural Evolution of Justice in...