Articles
Knorr-Bremse: An Opportunity to Modify the Opinion of Counsel Defense in Patent Law
It is not uncommon for one’s client to learn that another’s patent might implicate its...
Public Choice, Patents, and the FTC: Comments on the Commission’s October 2003 Report on the Interface Between Patents and Antitrust
In October, 2003, after conducting a year of joint hearings with the Department of Justice’s...
The Campaign to “De-Weaponize” Space: Why America Needs to Defend our Space Assets and Our Right to Deploy a Space-Based ABM System
On December 13, 2001, President Bush announced that the United States was withdrawing from the...
Making Windows into Litigants’ Souls: The Pernicious Potential of Gilpin v. AFSCME
Since 1968, the National Right to Work Legal Defense Foundation (“Foundation”) has provided free legal...
Federalism and ERISA: A Return to First Principles
The Supreme Court takes federalism seriously. In a series of 5-4 decisions, the current Court...
Silica Litigation: Controls are Needed to Curb the Potential for Unwarranted Claims
The number of personal injury lawsuits alleging injuries from occupational exposure to respirable silica, or...
Guidance on e-Discovery in Federal Courts Percolating Out of the Civil Rules Advisory Committee
Among the numerous challenges that the information age has thrust on courts and practitioners across...
Mississippi’s New Limitations on the Discovery of Electronic Data
The unpleasant question that nags at the back of the Mississippi practitioner’s mind as he...
Arbitration or Class Actions: Can the Courts Provide Access to Justice?
The use of arbitration to resolve civil disputes is sweeping American commerce. Where once arbitration...
Judicial Impartiality and Judicial Campaign Contributions: Examining the Data
Money, it is said, is the mother’s milk of politics. When judges run for election,...
Maryland Considers Adopting an Attorney Speech Code
As I considered drafting an article regarding a proposed revision to the Maryland Rules of...
The Prodigal Argument: McCollum v. Board of Education, Introduction
Judges, lawyers, and scholars all cite the 1947 case, Everson v. Board of Education, as...
The FCC Issues a Groundbreaking Decision to Allow Spectrum Leasing
In October 2003 the Federal Communications Commission (FCC) released a landmark decision that will allow...
William H. Pryor Jr. Reviews Coercing Virtue: The Worldwide Rule of Judges by Robert H. Bork
Judge Robert Bork’s latest book, Coercing Virtue: The Worldwide Rule of Judges, is by far...
A Comment on the SEC’s Shareholder Access Proposal
The Securities and Exchange Commission (SEC, or the “Commission”) recently proposed a dramatic shakeup in...
Supreme Court Preview: Fine-Tuning Miranda
For its October 2003 term, the United States Supreme Court accepted four cases relating to...
Berman and Beyond: The Misuse of Blight Laws and Eminent Domain
One of the primary methods used by government to take property through eminent domain for...
Controlling the “Fourth Branch”: The Fight Against Agency Capture May be a Losing Battle
Separation-of-powers issues will always confront politicians, judges and policymakers because the principle of the separation...
Is There a Duty to Make Judicial Recess Appointments?
The constitutional separation of powers is lubricated by the comity each branch owes to the...
Salerno v. Chevron: What to Do About Statutory Challenges
The Chevron standard for judging agency statutory interpretations is ubiquitous in administrative law cases. The...
Basel II Moves Global Banking Toward Self-Regulation
The Basel II Capital Accord is designed to improve the international flow of capital while...
The SEC’s New Compliance Procedure Rule for Investment Advisers
New rule 206(4)-7 of the Securities and Exchange Commission (“SEC” or “Commission”) may be the...
Campaign Finance Reform in the Supreme Court: Selections from the 2003 National Lawyers Convention
MR. POTTER: Thank you very much, Judge. It’s a pleasure to be here. I recognize...
Child Pornography and the Slippery Slopes of Ashcroft v. Free Speech Coalition
There are many visions of the slippery slope. I have a personal favorite stemming from...
Thor L. Halvorssen Reviews You Can’t Say That!: The Growing Threat to Civil Liberties from Antidiscrimination Laws by David E. Bernstein
A judge in Pennsylvania ruled that by printing Christian-themed verses on company paychecks, a trucking...
Engage Volume 5, Issue 1, April 2004
Administrative Law & Regulation Independent Peer Review: The Sine Qua Non of Information Quality by...
Independent Peer Review: The Sine Qua Non of Information Quality
In September 2003, the Office of Management and Budget’s (OMB) Office of Information and Regulatory...
David Applegate Reviews "Substantial Similarity in Copyright Law" - By Robert C. Osterberg and Eric C. Osterberg
Copyright law, like the law of contracts, is deceptively complex. What appear on the surface...
Reid Alan Cox Reviews "Academic Legal Writing: Law Review Articles, Student Notes, and Seminar Papers" By Eugene Volokh
In the forward to Professor Eugene Volokh’s new book, Academic Legal Writing: Law Review Articles,...
An Uncertain Trumpet: Delaware Hears the Call of Corporate Governance Reform
Delaware, the home of 60% of the Fortune 500, is synonymous with corporate activity and...
The SEC's Proposed Shareholder Nomination Rules: A Dialogue
Americans are traditionally wary of large aggregations of economic power. The antitrust laws are one...
Gay Marriage and the Federal Judicial Nomination Process
Last year saw momentous advances in civil rights for homosexual persons. First, in Lawrence v....
Minority Job Fairs for Law Students
“Minority job fairs” are prevalent at our nation’s law schools. As this article discusses, minority...