Articles
School Vouchers: Past Lessons and Future Prospects - The Implications of Government "Strings" on Vouchers
MS. SMITH: It certainly has been an interesting week for religion in the news. We...
Bush AdministrationEnvironment Policy: 18 Months Later
Over a year ago I suggested in a talk to the Environmental Law & Property...
The Just Demands of Peace and Security: International Law and the Case Against Iraq
In his dramatic speech to the United Nations on September 12, 2002, President Bush declared...
Overtime Collection and Class Actions: The Need for Reform
In years past, when a recently-terminated employee walked into an attorney’s office to discuss possible...
Asbestos: The Next Liability Explosion?
MR. MARK BEHRENS: We have an incredible panel today to address asbestos litigation issues. I...
State Farm v. Campbell: Federalism and the Constitutional Limitations on Punitive Damages
Punitive damages will be back before the United States Supreme Court this fall. The Court...
Killing the Messenger: Pennsylvania's New Child Pornography Statute is Aimed at the Wrong Parties
The “network of networks” that is the Internet has proven an incredibly powerful medium for...
Dustin Kenall Reviews: James Madison and the Future of Limited Government - Edited by John Samples
Last year John Samples, director of The Cato Institute’s Center for Representative Government, invited a...
Deborah J. LaFetra Reviews: Punitive Damages: How Juries Decide - By Cass R. Sunstein, Reid Hastie, John W. Payne, David A. Schkade, and W. Kip Viscusi
Tort reformers look at outrageously large punitive damages as one of the most visible signs...
Aaron Mannes Reviews What When Wrong: Western Impact and Middle Eastern Response - By Bernard Lewis
Briefly in the 1980s many Americans came to feel that the United States was losing...
Randolph J. May Reviews "The Rule of Law in America" by Ronald A. Cass
It doesn’t take a Lexis/Nexis search to know that over the last half dozen years...
Mark Nance Reviews "Cyber-Threats, Information Warfare, and Critical Infrastructure Protection: Defending the U.S. Homeland" by Anthony H. Cordesman
“Government is naturally obsessed with itself,” writes Anthony Cordesman of the Center for Strategic and...
Todd J. Zywicki Reviews "A History of Bankruptcy Law in America" by David A. Skeel, Jr.
As this review was being written, after failures in the past two Congresses, Congress was...
Federal Employment Discrimination
There is an astonishing amount of hiring and promotion discrimination on the basis of race,...
Recent Developments (October 2002) in Civil Rights Law
Supreme Court Upholds School Voucher Program Last term, the United States Supreme Court upheld the...
The "Female-Friendly" Workplace
Shame is a powerful emotion—a “condition of humiliating disgrace or disrepute” according to a standard...
Sarbanes-Oxley Hastily Charts New Ground in Federal Corporate Law
The Sarbanes-Oxley Act of 2002 represents a major shift in securities regulation in the United...
The Facts About the Federal Election Commission's Rules on Soft Money Pursuant to the Bipartisan Campaign Reform Act of 2002
By a 5-1 vote on June 22, 2002, the Federal Election Commission promulgated the first...
United States v. Craft: Creating a Federal Common Law of Property?
The meaning of “property” in the federal context is not always clear—and courts have given...
South Dakota's Eminent Domain Experiment to Curb Private Condemnation by Railroads
The government’s eminent domain power is an extreme one, grounded in the nature of sovereignty...
U.S. Supreme Court Jurisprudence on Implied Private Rights of Action: The Pendlum Swings Back
Congress often does not explicitly provide for a private right of action when it enacts...
Supreme Court 2001-2002 Term: Summary of Decisions on Federalism and Separation of Powers
Sovereign ImmunityFed. Maritime Comm’n v. S.C. State Ports Auth., 122 S. Ct.1864 (2002).Decided May 28,...
Racial Profiling of Borrowers: An Idea Fraught With Peril
In the early 1970s, during my first days as a banking lawyer, I was anxious...
Free Speech War on the Range: Legal Challenges to Nation's Commodity Checkoff Programs
Got Milk? The question may sound innocuous, but for many of America’s independent farmers...
Constitutional and Policy Issues Regarding Domestic U.S. Enforcement of the Proposed Biological Warfare Convention Inspection Protocol
The first wave of targeted biological warfare attacks on the United States has driven the...
Eldred v. Ashcroft: Just Another Mickey Mouse Copyright Case?
Currently on the Supreme Court’s docket is the case of Eldred v. Ashcroft, which challenges...
Case Notes: The Holmes Group, Inc. v. Wornado Air Circulation Systems, Inc.
A significant portion of the patent bar was caught off-guard when the Supreme Court recently...
The Imperfection of Language: Festo Sets a Forseeability Bar for Presecution History Estoppel
In its recent decision in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd (“Festo...
The Supreme Court Limits State Censorship of Judicial Campaign Speech
The election of state judges has been controversial at least since the Progressive Era. For...
Legal Fee Awarded in the State Tobacco Suits and Other Mass Tort and Class Action Cases Face New Ethics and Legal Challenges
Some recent court proceedings that have received little attention in the mainstream news media suggest...
The Federalism Side of School Vouchers
By upholding Ohio’s school voucher program against an Establishment Clause challenge to the inclusion of...
Democracy, Secularism and Religious Faith in America
Remarks at Ave Maria Law School (March 22, 2002):As American citizens, we participate in a...
The Future of American Spectrum Policy
When I arrived at the Federal Communications Commission about a year ago — after stints...
New Communications Technologies and Winning the War on Terror
In winning the war on terror, the West has the option of confronting radical Islam...
Implications of the Supreme Court's Verizon v. FCC Decision
Telecommunications deregulation suffered a serious setback on May 13 when the Supreme Court handed down...
Speech and Privacy Regulation in the World of Drugs and Healthcare
MR. WALLER: I’m the Chair of the Federalist Society’s Food and Drug Subcommittee and I’m...
An Address by the Honorable Daniel Troy
MR. TROY: Thank you very much. It is always a pleasure to get outside the...
6th Annual Corporate Governance Conference: Current Corporate Governance Lessons
MR. LOCHNER: Our idea for this panel is, rather than have individuals each give 5-minute...
6th Annual Corporate Governance Conference: Securities Markets After Global Crossing and Enron
PROFESSOR PAINTER: Good morning. I’m Richard Painter, Professor of Securities Regulation and Lawyers’ Ethics at...
Will the ICC Provide Adequate Procedural and Structural Safeguards?
MR. GEDE: Ladies and gentlemen, on behalf of the Federalist Society for Law and Public...
The Judicial Confirmation Process: Perspectives from the Three Branches
HON. SILBERMAN: Now remember, I’m speaking as a federal judge. I have, therefore, no view...
Can the ICC Be Effective on the World Stage?
MR. BAKER: We’re going to do this almost entirely out of questions, as opposed to...
Labor and Employment Law: A Briefing
MR. FORTNEY: My name is David Fortney. I am the Chair of the Federalist Society’s...
Government by Litigation: Are Class Actions Subverting the Political Process?
MR. McCONNELL: My name is Bob McConnell, and I’m the Chairman of the Federalist Society...
Judicial Speech Codes: Supreme Court Review of Republican Party of Minnesota v. Kelly
MS. GRYPHON: Republican Party of Minnesota v. Kelly arose when Mr. Wersal, who was running...
School Vouchers: Past Lessons and Future Prospects - A Case Study on Constitutionality: Zelman v. Simmons-Harris
MR. AMMEEN: The fortunate timing of this conference is not a coincidence. Knowing that the...
School Vouchers: Past Lessons and Future Prospects - The Successes of Voucher Programs Thus Far
MR. ENLOW: We are talking about the real world, and it is important to note...
Engage Volume 3, October 2002 Online Supplement
ADMINISTRATIVE LAW & REGULATION Speech and Privacy Regulation in the World of Drugs and Healthcare...
Engage Volume 3, Issue 3, October 2002
ADMINISTRATIVE LAW & REGULATION Restoring Congress’ Proper Role in Oversight of Covert Intelligence Operations by...
Commerce and Federal Criminal Law: The Risks of Over-Criminalizing Commercial Regulation
Good afternoon. We are here today to consider issues of corporate governance. Recent events have...
An Examination of the Criminalization of Commercial Activity
In the days and weeks following the dramatic collapse of energy giant Enron, the calls...
Auditing and Accounting in the Wake of Global Crossing and Enron
Transcript from the Auditing and Accounting in the Wake of Global Crossing and Enron panel...
The Role of the Senate in Judicial Confirmations
Transcript of The Role of the Senate in Judicial Confirmations debate on June 7, 2002,...
Restoring Congress’s Proper Role in Oversight of Covert Intelligence Operations
One former director of central intelligence has called the terrorist attacks on the World Trade...
The Grand Finale is Just the Beginning: School Choice and the Coming Battle over Blaine Amendments
The oral arguments in the Cleveland school choice case, Zelman v. Simmons-Harris, held on February...
The USA PATRIOT Act of 2001: Criminal Procedure Sections
The antiterrorism bill recently enacted by Congress makes a number of significant changes to criminal...