Articles
Engage Volume 11, Issue 2, September 2010
*Online-Only Issue* CIVIL RIGHTS Catch or Release? The Employment Non-Discrimination Act's Exemption for Religious Organizations...
The Potential Impact on Campaign Finance Regulation of SpeechNow.org v. FEC
The decision of the U.S. Court of Appeals for the District of Columbia Circuit in...
Catch or Release? The Employment Non-Discrimination Act's Exemption for Religious Organizations
The “Employment Non-Discrimination Act” (“ENDA”) currently under consideration in Congress would in effect expand Title...
How the Proposed Amendments to the Organizational Sentencing Guidelines Will Affect Corporate Compliance and Ethics Programs
On April 29, 2010, the U.S. Sentencing Commission (“Commission”) submitted to Congress proposed amendments to,...
NOL Pill Reloaded: Selectica, Inc. v. Versata Enterprises, Inc.
The poison pill is the paradigm anti-takeover device. As everyone involved in corporate law knows,...
The Inadequate Jurisprudence of Adequate State Grounds
The United States Supreme Court has inched its way toward clarifying the standards that define...
Swinging a Sledge: The Right to Effective Assistance of Counsel, the Law of Deportations, and Padilla v. Kentucky
In Padilla v. Kentucky, the Supreme Court decided that the Sixth Amendment’s guarantee of the...
Assisted Suicide: Montana Supreme Court Avoids State Constitutional Issue; Holds Consent Defense Available for Homicide Prosecution
In Baxter v. State, decided December 31, 2009, the Montana Supreme Court did not "constitutionalize" a...
Modern Remedies for Antiquated Laws: Challenging National Monument Designations Under the 1906 Antiquities Act
In late 2009 rumors emerged that the Obama Administration is contemplating a fresh round of...
The "Volcker Rule": Barring Banking Organizations from Proprietary Trading, Fund Investment, and Sponsorship
The “Volcker Rule” is a new federal statute proposed by the President at the instance...
Recent Developments in Election Law
It is difficult to overstate the extent to which political speech in America today is...
Impediments to Innovation: Implications of National Health Care Legislation for the Intellectual Property Community
The move toward a national health care plan in the United States has taken three...
Trademark, Copyright, and the Internet: Time to Return Balance to Civil Litigation
The law and business of intellectual property are in upheaval today. Essentially, the concepts that...
Wyeth v. Kappos: The United States Patent Office Is Forced to Change Course
The United States Patent Office (“USPTO”) was established in 1790 with the mission to determine...
Obama's War Law
Among the critics of the Bush Administration’s legal policies in the “war on terror,” few...
Does the First Amendment Allow States to Compel Recipients of Government Monies to Support State-Designated Representatives?
A basic precept of democracy is that citizens choose their representatives in government. A growing...
Amending the Federal Rules (Again): Finding the Best Path to an Effective Duty to Preserve
Implementing a “duty to preserve” can be a complicated and expensive task in a world...
Vermont Attorney General Uses State Consumer Fraud Statute to Implement Consumer Product Penalties
The provisions of Section 218 of the Consumer Product Safety Improvement Act of 2008 (“CPSIA”)...
State "Anti-SLAPP" Statutes Codify First Amendment Doctrine Protecting a Corporation's Right to Petition
On January 21, 2010, the Supreme Court found in Citizens United v. Federal Election Commission that...
Shady Grove v. Allstate: A Case Study in Formalism Versus Pragmatism
Our favorite Supreme Court opinions are 5-4 splits with unusual lineups and Justices apparently voting...
Should the Public Be Able to Buy Stock in Law Firms?
The current economic downturn has been a wake-up call for lawyers. A profession that thrived...
National Broadband Plan
In February 2009, as part of the American Recovery and Reinvestment Act (the “Recovery Act”),...
Voting Rights—and Wrongs: The Elusive Quest for Racially Fair Elections by Abigail Thernstrom
No one has written more or better about the Voting Rights Act than Abigail Thernstrom....
We're Not Dead Yet. Book Review: The Vanishing American Lawyer by Thomas D. Morgan
Is the practice of law a profession? For most practicing lawyers, the last time they...
Legal and Logistical Ramifications of the National Popular Vote Plan
The nation’s attention has been focused on several potential crises in the past few months:...