Articles
Engage Volume 11, Issue 3, December 2010
*Online-Only Issue* Special Edition: Templeton Debates Eminent Domain after Kelo Ilya Somin & Saul Levmore...
Eminent Domain After Kelo
I would like to thank the University of Chicago Federalist Society for organizing this event,...
The Spurious Constitutional Distinction Between Takings and Regulation
The major question that I shall address in this short talk concerns a fundamental fault...
Want to Be a Doctor? A Scientist? An Engineer? An Affirmative Action Leg up May Hurt Your Chances
The assumption behind the fierce competition for admission to elite colleges and universities is clear:...
The Obama Administration: Changing the Rules of the Title IX Game?
"Making Title IX as strong as possible is a no-brainer," Vice President Joe Biden told...
The Corporate Governance Provisions of Dodd-Frank
In response to the financial crisis of 2007-2008, Congress passed The Wall Street Reform and...
The Sacramento-San Joaquin Delta Litigation: A Brief Summary
California’s Sacramento-San Joaquin Delta serves as a dynamic ecosystem as well as a critical supply...
Unchecked Data: A Tool for Political Corruption?
While the history of global warming dates back ad infinitum, for the purposes of this...
EPA's Proposed Regulation of Coal Ash
On June 21, 2010, EPA published proposed regulations for the management of coal combustion byproducts...
A Fundamental Misconception of Separation of Powers: Boumediene v. Bush
Terrorists attacked the United States on September 11, 2001. Congress quickly authorized the President to...
The Dodd-Frank Wall Street Reform & Consumer Protection Act of 2010: Is It Constitutional?
President Obama signed the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank”...
Holding the Service's Feet to the Fire: Applying Citizens United and the First Amendment to the IRC ยง 501(c)(3) Political Prohibition
The Supreme Court’s recent decision in Citizens United v. FEC will have a lasting and profound...
In re Bilski: Business Method Patents Resolved? Not Likely
The day before Halloween 2008, the Court of Appeals for the Federal Circuit released a...
How the "New GM" Can Steal from Toyota
“What is good for General Motors is good for the nation.” This iconic statement by...
Arizona's Attempt to Enforce Federal Immigration Law: "Force Multiplier," or "Ball and Chain"?
In recent years, as immigration has become a seemingly intractable political issue in the United...
The Amendments to the Americans with Disabilities Act: Bad for Business, Boon for the Disabled?
The ADA was designed with a noble mission in mind: “to provide a clear and...
DOJ's Ex-Detainee Lawyers: The Ethics Issue
One neglected issue in the controversy over the revelation that there are at least nine...
Judicial Disqualification When a Solicitor General Moves to the Bench
It has been over forty years since a Solicitor General has moved to the High...
An Abortion Exception to the First Amendment? Evaluating Recent Efforts to Regulate Speech About Pregnancy Options
Abortion is a highly-charged and intensely-debated issue. Partisans on both sides believe abortion implicates fundamental...
Constitutional Illusions and Anchoring Truths: The Touchstone of the Natural Law by Hadley Arkes
It was her last day of testimony before the Senate Judiciary Committee, and the question...
Institutionalizing Counterterrorism: A Review of Legislating the War on Terror: An Agenda for Reform, Edited by Benjamin Wittes
Late last year, Benjamin Wittes compiled a series of ten essays that offer a range...
Policy Paralysis and Homeland Security: A Review of Skating on Stilts: Why We Aren't Stopping Tomorrow's Terrorism by Stewart Baker
The Department of Homeland Security is paralyzed by civil-libertarian privacy advocates, business interests, and bureaucratic...