Articles
Arkansas Game & Fish Commission v. United States: A Temporary Fix for Temporary Takings
The United States Supreme Court’s decision in Arkansas Game & Fish Commission v. United States1...
“Conscience Exemptions”
Note from the Editor: This paper discusses the meaning, history, and present application of conscience...
Net Neutrality vs. Net Reality: Why an Evidence-Based Approach to Enforcement, And Not More Regulation, Could Protect Innovation on the Web
Related Links: Senate Committee on Commerce, Science, and Transportation, Hearing on “Network Neutrality” (testimony of...
Preemption of Punitive Damages in Prescription Drug Litigation
Over the past 16 years, the United States Supreme Court has repeatedly addressed the question...
Affordable Care Act Compliance: Say “Hello” to Collective Bargaining Obligations
Related Links: UC Berkely Labor Center, The Affordable Care Act: A Guide for Union Negotiators...
Winning the Copyright War: Copyright’s Merger Doctrine and Natural Rights Theory as Solutions to the Problem of Reconciling Copyright and Free Speech
I. Introduction A. Overview Concerns that the enforcement of copyright law might conflict with First...
International Criminal Discovery
I. Introduction While money moves at the speed of light across national boundaries, law enforcement...
Antitrust and High-tech: Regulatory Risks for Innovation and Competition
I. Target Selection in an Innovation Economy A. Regulatory Power, Regulations’ Problems, and Antitrust While...
Mandatory Liability Insurance for Firearm Owners: Design Choices and Second Amendment Limits
Some twenty-five years ago, one of us sketched out a rationale for using mandatory liability...
Shelby County, Alabama v. Holder: Must Congress Update the Voting Rights Act’s Coverage Formula for Preclearance?
Section 5 of the Voting Rights Act requires “covered jurisdictions”—mostly, but not exclusively, in the...
Who Said That?: A Simple Question That May Change the Way Courts View Legislative Prayer
Related Opinions & Briefs: • Petition for Writ of Certiorari, Town of Greece v. Galloway:...
Obama Administration Policy on Offshore Oil and Gas Production: Consensus or Contempt?
In March 2010, President Obama announced his support for expanded oil and gas production in...
Same-Sex Marriage: A Variety of Perspectives on United States v. Windsor and Hollingsworth v. Perry
Decoding the Constitutional Challenges to Traditional Marriage By John C. Eastman* On December 7, 2012,...
Can States Require Proof of Citizenship for Voter Registration?--Arizona v. Inter Tribal Council of Arizona
Introduction This term the Court will hear a case examining a perceived clash between state...
Engage Volume 14, Issue 1 February 2013
*Online Only Issue CIVIL RIGHTS Same-Sex Marriage: A Variety of Perspectives on United States v....
Book Reviews: Mismatch and Wounds That Will Not Heal
Note from the Editor: This feature reviews two new books on affirmative action in anticipation...