Articles
Engage, Volume 16, Issue 3
Administrative Law & Regulation REINING in the Agencies: Oversight of Executive Branch Rulemaking in the...
Power Failures: Prosecution, Power, and Problems
I. Introduction: Prosecution, Power, and Problems Prosecutors wield an awesome power. They make the first...
Behind the Scenes: A Closer Look at OCR’s Enforcement Authority
Note from the Editor: This article is about the Department of Education’s Office of Civil...
Kellogg Brown & Root—What Happens to a Case Deferred?
This article details the Fourth Circuit’s and the Supreme Court’s recent decisions in United States...
California’s SCA 5 and Racial Preferences in Education
Note from the Editor: This article is about racial preferences in education, specifically in the...
Perez v. Mortgage Bankers Association: Portending a Return to Judicial Engagement
In a Term full of blockbuster cases considering the fate of Obamacare and establishing gay...
REINING in the Agencies: Oversight of Executive Branch Rulemaking in the 21st Century
Note from the Editor: This article critiques current procedures for agency rulemaking and proposes an...
The Procrustean Problem of Prescriptive Regulation: Three Principles to Promote Innovation
In Greek mythology, Procrustes was a rogue blacksmith, a son of the sea god Poseidon,...
Updating the Computer Fraud and Abuse Act
Introduction In recent years, American institutions have suffered from a seemingly endless series of high-profile...
By the People: Rebuilding Liberty Without Permission
By the People: Rebuilding Liberty without Permission, starts with a dispiriting premise: “we are at...
A Conflict of Principles: The Battle Over Affirmative Action at the University of Michigan
Note from the Editor: This book review discusses the contentious issue of affirmative action. The Federalist...
One Person, One Vote: Advancing Electoral Equality, Not Equality of Representation
Note from the Editor: This article previews Evenwel v. Abbott, which will be heard by...
Working on Overtime: The U.S. Department of Labor’s Proposal to Revise the Overtime Exemption Regulations
Note from the Editor: This article is about the Department of Labor’s proposed revisions to...
A Look Back at the Supreme Court’s 2013-14 Term—Is More “Reform” Needed?
Note from the Editor: This article reviews the Supreme Court’s patent decisions from the 2013-14...
Religion and the Republic
Note from the Editor: This article is about the positive role that religion plays in the...
Horne v. United States Department of Agriculture: The Takings Clause and the Administrative State
Note from the Editor: This article discusses and praises Horne v. United States Department of...