Articles
Engage Volume 12, Issue 1, June 2011
*Online-Only Issue* The Templeton Debates Regulatory Takings by William M. Treanor ADMINISTRATIVE LAW & REGULATION...
Regulatory Takings
The following article is Dean Treanor’s portion of a debate with Professor Richard Epstein during...
Prospects for Regulatory Reform in 2011
Though regulations affect every aspect of our lives, as a policy tool they rarely reach...
"Keep Your Friends Close, But Your Enemies Closer": Internment of Enemy Aliens in the Present Conflict
United States law, in accordance with customary international law, has since 1798 permitted the internment...
The Slow, Sad Swoon of the Sentencing Suggestions
The Guidelines are a lost cause. When they became optional after Booker, the Sentencing Commission...
Internet Gaming: Is It Too Late to Reboot?
As the 111th Congress wound down in December 2010, Senate Majority leader Harry Reid was...
Ninth Circuit Amends the Clean Water Act . . . or Does It?
Images of Northwoods logging giant Paul Bunyon have faded for most Americans, but the cable...
Judicial Takings After Stop the Beach Renourishment v. Florida Department of Environmental Protection
We know it is possible for the executive and legislative branches of government to take...
"Health Laws of Every Description": John Marshall's Ruling on a Federal Health Care Law
If John Marshall, the greatest of Chief Justices, were to hear a challenge to the...
Insurance Provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act
In June 2009, when the President presented his Financial Reform Plan, the plan set forth...
Prometheus Unbound: The Federal Circuit Responds to Bilski
Following the U.S. Supreme Court’s decision in Bilski, the U.S. Court of Appeals for the...
Building the Global Welfare State: The United Nations as Community Organizer
Recently, many American citizens have vigorously debated current, projected, and proposed government spending on health...
Arizona's Immigration Storm
This article serves as a counterpoint to Margaret D. Stock’s article Arizona’s Attempt to Enforce...
The Use of Drones and Targeted Killing in Counterterrorism
Shortly after September 11, 2001, President George W. Bush, as Commander in Chief, authorized unmanned...
The Conflict Between the Circuits in Analyzing Joint Employment Under the FLSA: Why the Supreme Court Should Grant Certiorari in Zheng v. Liberty Apparel
In 1938, Congress passed the Fair Labor Standards Act (“FLSA”), a comprehensive labor law that...
Judicial Speech, Judicial Elections, and the Coming Fallout from Caperton v. Massey Coal Company
As befits a constitutional democracy dedicated to the primacy of the rule of law, the...
Brown v. RJ Reynolds - The Proper Scope of Common Questions
Class actions are not like other lawsuits. In a class action, an individual asks the...
Extreme Facts, Extraordinary Case: The Sui Generis Recusal Test of Caperton v. Massey
Speech during judicial campaigns and its ramifications on successful candidates’ judicial capacities has become an...
The State of Blaine: A Closer Look at the Blaine Amendments and Their Modern Application
Governments aid religious organizations in a wide variety of ways. For example, governments provide vouchers...
The Health Care and Conscience Debate
Can a hospital require a nurse to assist in an abortion in violation of her...
Lawyer Barons: What Their Contingency Fees Really Cost America by Lester Brickman
No scholar has studied the role of the contingency fee in America more comprehensively than...
In Defense of Judicial Elections by Chris W. Bonneau & Melinda Gann Hall
Alexander Hamilton in Federalist 78 famously called the judiciary the “least dangerous branch” of government....
Are Nuisance Lawsuits to Address Climate Change Justiciable in the Federal Courts? Global Warming at the Supreme Court
This article examines American Electric Power Co. v. Connecticut, a U.S. Supreme Court case whose...
The U.S. Department of Education's Federal Student Aid Program Integrity Final Regulations
This paper assesses the Department of Education’s new regulations concerning Title IV in the Higher...