Articles
EPA Regulation of Fuel Economy: Congressional Intent or Climate Coup?
Note from the Editor:1 This paper assesses EPA’s rule setting standards for motor vehicle greenhouse...
An Overview and Analysis of the Consumer Financial Protection Bureau
Overview The Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Act”), signed into law...
Illuminating Citizens United: What the Decision Really Did
In January 2010, the U.S. Supreme Court issued one of its most controversial decisions in...
Florida Constitutional Challenge to Obamacare: It All Comes Down to Broccoli
Note from the Editor: This paper provides an update on the litigation dealing with the...
How to Think About Errors, Costs, and Their Allocation
Note from the Editor: In December 2010, the Federalist Society heard from a number of...
Twombly in Context: Or Why Federal Rule of Civil Procedure 4(b) Is Unconstitutional
Note from the Editor: In December 2010, the Federalist Society heard from a number of...
A Modest Proposal for Human Limitations on Cyberdiscovery
Note from the Editor: In December 2010, the Federalist Society heard from a number of...
Pleading, Discovery, and the Federal Rules: Exploring the Foundations of Modern Procedure
Note from the Editor: In December 2010, the Federalist Society heard from a number of...
Perry v. Schwarzenegger: Is Traditional Marriage Unconstitutional?
Note from the Editor: This article and the article in this issue by Mark Strasser...
Perry, Same-Sex Marriage, and Federal Constitutional Guarantees
Note from the Editor: This article and the article in this issue by George W....
Does Neutrality Equal Secularism? The European Court of Human Rights Decides Lautsi v. Italy
Introduction Religion can be an intensely personal activity. However, the idea that religion is only...
Hot News: The "Hot-News" Doctrine Is Hot Again! Or Is It?
Copyright law, like contract law, is deceptively complex. Just as the familiar elements of offer,...
Rebuilding the Ark: New Perspectives on Endangered Species Act Reform, Edited by Jonathan H. Adler
In 2005, Congressman Richard Pombo engineered the passage of the most sweeping reform of the...
A Return to "the Heady Days"? The Supreme Court Addresses Whether the Bivens Doctrine Should Extend to Employees of Government Contractors in Minneci v. Pollard
I. Introduction On November 1, 2011, the Supreme Court heard oral arguments in Minneci v....
Two Guiding Trends in Contemporary Labor and Employment Law: Technology and Fairness
There are two primary trends guiding contemporary labor and employment law. The first is the...
Business Cases and the Roberts Supreme Court
The statement that the Supreme Court under Chief Justice Roberts, and more specifically the Court...
The States and the NLRB: A Study in Comparative Sovereignty
Under a system of government that diffuses power and makes institutional “[a]mbition . . ....
Affirmative Action for Men? Strange Silences and Strange Bedfellows in the Public Debate over Discrimination Against Women in College Admissions
While some news reports indicate that discrimination against women on the basis of sex1 in...
Goodbye Tax Exceptionalism
In the past few decades, the practices and doctrines governing the interpretation and administration of...
Thinking About the "Practically Unthinkable": Energy Infrastructure and the Threat of Low-Probability, High-Impact Events
The National Environmental Policy Act1 requires federal agencies to ascertain and evaluate the possible environmental...
A Comprehensive Strategy Targeting Recidivist Criminals with Continuous Real-Time GPS Monitoring: Is Reverse Engineering Crime Control Possible?
One of the most pressing criminal justice challenges facing the nation is reducing the incidence...
Honest Services Fraud After Skilling v. United States
The mail fraud statute of 1872 may be regarded as the progenitor of what we...
Multinational Businesses and the Matrix of Human Rights Governance Networks
For decades, human rights activists have successfully petitioned state and national governments in developed countries...
Engage Volume 12, Issue 3, November 2011
*Online-Only Issue* ADMINISTRATIVE LAW & REGULATION Goodbye Tax Exceptionalism by Kristin E. Hickman Thinking About...