Volume 4: Issue 2

ADMINISTRATIVE LAW & REGULATION The Benefits and Costs of Sound Economics: The “Clear Skies” Dilemma...

In early 2003, officials from the U.S. Environmental Protection Agency (EPA) embarked on a “listening...

In the world of toxic tort suits, “failure to warn” can be a trial lawyer’s...

Early in his second term, President Clinton announced that America badly needed to have a...

In August of 2001, a group of leading international law scholars gathered at the U.S....

No Excuses – Closing the Racial Gap in Learning is the most important civil rights...

Some years ago, I first heard Richard Epstein sermonize on the majesty of a free...

Last term, the Supreme Court mulled over the legality of the University of Michigan’s consideration...

The higher education establishment breathed a sigh of relief in June when the Supreme Court’s...

Roger Clegg’s encomium to the Justice Department’s new position on racial profiling contains several perfectly...

On September 11, 2001, 19 male Muslim fundamentalists of Arab descent murdered 3,000 people on...

The corporate scandals of the last few years have dramatically altered the landscape of corporate...

Blue Sky laws aren’t much fun for a securities lawyer. Often an afterthought, and nearly...

Forty years ago, the United State Supreme Court ruled that the Constitution gives every person...

There has been much controversy and criticism, from academia, the bench and the criminal defense...

Claims that the death penalty is enforced in a manner that discriminates on the basis...

Does Section 108 of the Clean Air Act (CAA) impose a “mandatory duty” on the...

In May, 2003, EPA received over 225,000 comments on a proposed regulation. This number covers...

In a Term that has laid to rest the exaggerated claim that the Rehnquist Court...

In several recent decisions, the United States Supreme Court has held that Congress cannot use...

Sprietsma v. Mercury Marine, 123 S. Ct. 518, 537 U.S. 51 (2002). Decided: Dec. 3,...

MYTH: Thousands of people were rounded up after September 11, 2001 and detained for long...

On the heels of the 107th Congress, which enacted the most sweeping securities law reforms...

Since 1907, corporations have been prohibited from contributing directly to candidates in federal elections. See...

Churchgoers in a small New England town were astonished by an announcement from the pulpit...

The barbarians are always at the gate. Conflict is a natural consequence of the human...

Recently decided by the Supreme Court is the case of Eldred v. Ashcroft, which challenged...

If angels were to govern men, neither external nor internal controls on government would be...

In 1997, William Hibbs, an employee of Nevada’s Department of Human Resources, sought leave to...

In Hoffman Plastic Compounds, Inc., v. NLRB, 122 S.Ct. 1275 (2002), the Supreme Court was...

The system of dual sovereignty known as federalism is a fundamental and cherished part of...

First, I want to situate Tort law in a way that allows us to understand...

In Green Tree v. Bazzle, a case decided in June, 2003, the United States Supreme...

[T]he Court … says: “[W]e think that our laws and traditions in the past half...

On July 14, 1999, the presiding Justices of the Appellate Division of the New York...

The Religious Land Use and Institutionalized Persons Act of 2000 (hereafter, “RLUIPA” or the “Act”)...

Rarely does an action taken by the Federal Communications Commission (FCC) result in groups as...

On July 2, 2003, the Federal Communications Commission  adopted new rules to govern the ownership...

Even before opening Judge John T. Noonan, Jr.’s latest book, Narrowing the Nation’s Power: The...