Volume 4: Issue 1

The telecom mess has gotten messier. Thanks to the ingenious efforts of enterprising class action...

Recent court decisions reflect increasing judicial interest in the constitutional rotections afforded to speech regarding...

For the last couple years, I have been digging into some history that sheds new...

The quality of appointments to the executive branch has long been identified as a vital...

In writing a review of Judge David Sentelle’s book, Judge Dave and the Rainbow People,...

This monograph, published as volume 20 in the Max Plank Institute’s series entitled International Review...

The 2000 election generated the most famous Supreme Court decision of recent times. Bush v....

     “What has happened is that the legislatures ... have failed,” boasted trial lawyer John...

A fully-staffed, balanced, and independent judiciary is necessary for the protection of our safety, freedom,...

Between an Opponent and a Supporter: A: Should African Americans be paid reparations for slavery?...

In some sectors of our economy, the rise of Internet commerce has prompted a dramatic...

Originally enacted in 1930, the Perishable Agricultural Commodities Act (“PACA”) was intended to protect the...

Gun rights supporters in the Bush Administration and Congress are currently engaged in a dubious...

MR. MALCOLM: The debate about how to strike a proper balance between cherished privacy rights...

While municipalities and states continue to aggressively court private business by offering them other people’s...

When the police or other Executive Branch officers conduct searches under civil and environmental statutes,...

At the conclusion of its 2001-2002 term, the Supreme Court issued its opinion in Zelman...

Can a man become the Director of the Women’s Bureau at the Department of Labor?...

In its recent decision in Sprietsma v. Mercury Marine, the United States Supreme Court again...

For the last few weeks, a constitutional crisis has been brewing in the United States...

In “The Role of the Senate in Judicial Confirmations,” Professor Stephen Presser eloquently argues that...

HON. PETER FISHER: Continuous improvement in the efficiency with which we convert savings into investment...

Over the past 60 years, this Court’s approach to speech uttered by business interests has...

Proponents of campaign finance reform argue that money plays a central and nefarious role in...

More than 150 years after gold was first discovered at Sutter’s Mill in California, a...

Increasingly, United States courts are recognizing various treaties, as well as declarations, proclamations, conventions, resolutions,...

At the end of 2001, the Federal Trade Commission and the Antitrust Division of the...

From a legal standpoint, alternate dispute resolution (“ADR”) agreements in the workplace have exhilarated HR...

California is a worker’s paradise when it comes to taking time off from work. The...

We all likely consume goods or services subject to standard contracts with vendors, contracts that...

For over two centuries, the jury system has played an important and revered role in...

In the Summer of 2002, three lawsuits were filed against Quick Service Restaurants (“QSRs”) alleging...

ADMINISTRATIVE LAW & REGULATION The Presidential Appointment Process at the Beginning of the 21st Century...

The lawyer’s primary function is to counsel and assist clients in conduct that is “within...

Lawyers have traditionally been able to provide their clients with dispassionate legal advice based on...

Judge Posner is not alone in observing that the legal profession is “a cartel of...

It is no secret that President Bush has made it a priority of his administration...

MR. WILLIAM BARR: On June 20 of this year, the Second Circuit decided a case...

The SEC has been extremely active lately on the rulemaking front, particularly with regard to...

The reemergence of judicially enforceable federalism may be the most significant doctrinal development of the...