Articles
Engage Volume 12, Issue 2, September 2011
*Online-Only Issue* Special Edition: Templeton Debates The Constitutionality of the Patient Protection and Affordable Care Act...
The Constitutionality of the Patient Protection and Affordable Care Act
The topic of the discussion between Professor Jesse Choper and myself is the Commerce Clause...
Same-Sex Marriage and Conscience Exemptions
First, let me thank the Federalist Society and the LGBT Law Student Alliance for co-sponsoring...
Healthcare Reform's Impact on Drug Patents
Well, I want to thank you, Dean Maddox, and to thank the Federalist Society here...
Film Piracy and the Pirate Bay Cases
I thought I’d talk a little bit about the extent of movie piracy and something...
Do We Trust Judges Too Much? Did the Framers?
We have just had another Justice confirmed to the Supreme Court. The vetting process for...
The Impact of Judicial Activism on the Moral Character of Citizens
One thing often mentioned about the Federalist Society is that it’s for judicial restraint. I’m...
The Establishment Clause
Most of you don’t remember—I am embarrassed that I do—the 1988 presidential election. One day,...
Did the Supreme Court Properly Decide Christian Legal Society v. Martinez?
Let me start with a story. In September of 1969, most Americans still supported military...
Fisher v. University of Texas at Austin: Could the Supreme Court Revisit Its Decision in Grutter?
In Grutter v. Bollinger, the Supreme Court held that achieving the educational benefits that flow...
Does the Fourteenth Amendment Protect Unenumerated Rights?
The current debates over the incorporation of the Second Amendment have reignited interest in the...
Developments in Whistleblower Laws: Advantage Whistleblower?
Whistleblower lawsuits represent one of the fastest-growing segments of the court dockets, and the rapidly...
The Evolution of Wiretapping
In 2010, the government of India approached Research In Motion (RIM), the manufacturer of Blackberry...
The Unbearable Rightness of Marbury v. Madison: Its Real Lessons and Irrepressible Myths
For the last several years, I have taught Federal Jurisdiction at the University of Alabama...
Critique of a Proposal to Allow State Bankruptcy
A proposal by Professor David Skeel of the University of Pennsylvania Law School would change...
Bailouts or Bankruptcy?
In early 2011, the states’ financial travails were the stuff of headline news. Deficits for...
Is FINRA Constitutional?
It would come as news to most Americans that large parts of our economy are...
Something for (Almost) Everybody in Dodd-Frank: Racial, Gender, and Diversity Considerations in the Dodd-Frank Wall Street Reform and Consumer Protection Act
Scattered throughout the 849 pages of the Dodd-Frank Wall Street Reform and Consumer Protection Act...
War Powers Irresolution: The Obama Administration and the Libyan Intervention
The U.S. military intervention in Libya, now in its fourth month, has brought two fundamental...
Remarks upon Accepting the 2011 James Madison Award
Many thanks to my good friend Andy McCarthy for those kind remarks—and it is obvious...
European Court of Human Rights Finds No Right to Abortion Under European Human Rights Convention
Before the European Court of Human Rights (“ECHR” or “the Court”) delivered its decision in...
Pruning the Overgrowth of Government Contracting Preferences
The policy of creating preferences for businesses owned at least fifty-one percent by members of...
Bullying as a Civil Rights Violation: The U.S. Department of Education's Approach to Harassment
The Obama Administration recently mounted a high-profile campaign against bullying in public schools, staging a...
Ramifications of Repealing the 17th Amendment
The 17th Amendment, ratified in 1913, replaced the election of U.S. senators by state legislators...