Articles
Losing Confidence in Confidentiality: Do Expanding Exceptions to the Attorney-Client Privilege Gut Its Purpose?
True or false: attorney-client communications, simply speaking, are privileged? False, both under law and—more importantly—in...
Veiled Meaning: Tolerance and Prohibition of the Hijab in the U.S. and France
Introduction France and the U.S. have much in common. Both nations share a commitment to...
School Discipline and Disparate Impact
Note from the Editor: This paper analyzes the U.S. Department of Education’s proposed use of...
Madness, Deinstitutionalization & Murder
For those of us who came of age in the 1970s, one of the most...
Mexico's Federal Law of Firearms and Explosives
In recent years, gun control has become an important international issue. For example, some persons...
Are the Recent Recess Appointments Constitutional?
Mr. Reuter: Welcome to the Federalist Society’s practice group podcast. The following podcast, hosted by...
Local Patent Rules - Certainty and Efficiency or a Crazy Quilt of Substantive Law?
More than a decade ago, the United States District Court for the Northern District of...
The European Court of Human Rights - A European Constitutional Court?
Legal discussions of constitutionalism will typically focus on national developments and differences between various national...
The Ohio Constitution of 1803, Jefferson's Danbury Letter, and Religion in Education
That all men have a natural and indefeasible right to worship Almighty God according to...
Eleventh Annual Barbara K. Olson Memorial Lecture
I thank Gene for that kind introduction, and of course the Federalist Society for the...
Forgotten No More. A Review of Liberty's Refuge: The Forgotten Freedom of Assembly
It is a commonplace of constitutional interpretation that the shorter the constitutional provision, the more...
The Upside-Down Constitution by Michael S. Greve
“I must study politics and war, that my sons may have liberty to study mathematics...
The Economics and Regulation of Bank Overdraft Protection
Consumer use of bank overdraft protection has risen rapidly over the past decade. In 2010,...
Changing Landscape: Thrift Holding Companies and Their New Regulator
The Dodd-Frank Act, effective July 21, 2011, eliminated the Office of Thrift Supervision (“OTS”) and...
A Retrospective on the 1921 Constitution of the Democratic Republic of Georgia
INTRODUCTION Establishing a strong system of constitutionalism is crucial for the development of modern statehood...
Does the Takings Clause Have an Expiration Date?
Overview In the last Term, the United States Supreme Court declined to review two property...
An Assessment of the June 2012 Rio+20 UN Conference on Sustainable Development
By its Resolution A/RES/64/236 of December 24, 2009,1 the United Nations General Assembly blessed preparations...
EPA and U.S. Army Corps Seek to Expand Jurisdiction Under the Clean Water Act
The U.S. Army Corps of Engineers (“Corps”) and U.S. Environmental Protection Agency (“EPA”) (jointly, the...
Can Someone Please Turn on the Lights? Bringing Transparency to the Foreign Corrupt Practices Act
Note from the Editor: This paper assesses the Department of Justice’s authority under the Foreign...
The Philosopher in Action: A Tribute to the Honorable Edwin Meese III
In December 2011, former U.S. Attorney General Edwin Meese celebrated his 80th birthday. While his...
(Mis)Applications of Behavioral Economics to Regulation: The Importance of Public Choice Architecture
I. Introduction Friedrich Hayek once said, “Unfortunately, the popular effect of this scientific advance has...
Bounty Hunters and the Public Interest - A Study of California Proposition 65
INTRODUCTION Adopted by California voters in 1986, Proposition 65 was a revolutionary measure in a...
A Religious Organization's Autonomy in Matters of Self-Governance: Hosanna-Tabor and the First Amendment
In the second week of January, the U.S. Supreme Court handed down its unanimous decision...
The Road to a National Curriculum: The Legal Aspects of the Common Core Standards, Race to the Top, and Conditional Waivers
Note from the Editor: This paper examines the U.S. Department of Education’s administration of the...
Engage Volume 13, Issue 1, March 2012
*Online-Only Issue* SPECIAL CONTRIBUTION The Philosopher in Action: A Tribute to the Honorable Edwin Meese...