Articles
Mark A. Behrens & Andrew W. Crouse Review Shakedown: How Corporations, Government and Trial Lawyers Abuse the Judicial Process by Robert A. Levy
Cato Institute Senior Fellow Robert A. Levy’s latest book, Shakedown: How Corporations, Government and Trial...
The Iraqi Special Tribunal: Securing Sovereignty from the Ground Up
The exercise of punitive criminal accountability pursuant to domestic laws is at the heart of...
Engage Volume 5, Issue 2, October 2004
ADMINISTRATIVE LAW & REGULATION Constitutional Restoration by Executive Order by John O. McGinnis CIVIL RIGHTS...
Constitutional Restoration by Executive Order
I offer here a fresh normative defense of the president’s exercise of regulatory review authority...
The Conservative Case against the Federal Marriage Amendment
Can you blame conservatives for proposing the Federal Marriage Amendment (FMA)? Having been deprived of...
Supreme Court Preview: Disparate Impact Claims under the ADEA
Later this year the Supreme Court will hear arguments in Smith v. City of Jackson,...
Affirmative Action for Immigrants?
President Bush has proposed that there be a new “temporary worker program to match foreign...
Measuring the Explosive Growth of Federal Crime Legislation
The Federalist Society commissioned a study to ascertain the current number of crimes in the...
Maximum Confusion: A Prosecutor’s View of Crawford v. Washington
In Crawford v. Washington, the Supreme Court decided that the Confrontation Clause of the Sixth...
Silent No More: Hiibel and Its Implications
In Hiibel v. Sixth Judicial Dist. Court of Nevada, the Supreme Court held that a...
Building a Better Terry Stop: The Case for Hiibel
Hiibel v. Sixth Judicial District Court, decided by the Supreme Court in June, is an...
Dramatic State Cases Largely Support Property Rights
The state courts have continued to issue environmental law and property rights cases. Some support...
The Federalism Aspect of the Establishment Clause
In the early 21st century, the generally accepted understanding of the Establishment Clause is largely...
The Nevada Gambit: Is Republican Government Still Guaranteed?
In 1994 and again in 1996, Nevada voters overwhelmingly approved an amendment to their state...
OCC Preemption: Advancing Regulator Competition
As a rule, I dislike federal preemption. I prefer the republican capitalism of 50 states...
The Run for the Roses Meets the First Amendment: An Overview of Desormeaux v. Kentucky Racing Commission
In addition to an upset winner and nationwide sensation in Funny Cide, the 2003 Kentucky...
Swift Boat Democracy & the New American Campaign Finance Regime
Commonly known as McCain-Feingold in the Senate and Shays-Meehan in the House, the Bipartisan Campaign...
Hidden Reefs: Potential Dangers to Intellectual Property Rights Under the Law of the Sea Treaty
The exercise of punitive criminal accountability pursuant to domestic laws is at the heart of...
Right to Work Laws are OK: Legal Challenges to Oklahoma’s Recently Enacted Right to Work Law
Twenty-two states have Right to Work laws. These laws prohibit compulsory unionism—usually an agreement between...
The Misfit Doctrine: Integrated Enterprise in the Title VII Context
With increasing frequency Plaintiffs’ attorneys, ever in seek of the deepest pocket, are relying on...
The Murky Politics of Removal Jurisdiction
Liberals often like substantive federal law. As compared with state legislatures whose interests they sometimes...
Mississippi Sees Significant Improvements in Civil Justice Fairness and Predictability
Dramatic changes in Mississippi over the last two years will improve the state’s civil justice...
Due Process and the Role of Legal Counsel in the War on Terror
Just a little explanation here — I’m not representing the government. I don’t agree with everything...
I, Plaintiff: A Chat with Joshua Davey
The State of Washington’s Promise Scholarship program thrust Joshua Davey into the legal spotlight as...
Reflections on Newdow
The Newdow case has gone away but the fuss about “under God” will not. Even...
Beyond the Pledge of Allegiance: Hostility to Religious Expression in the Public Square
I appreciate the opportunity to share with the Subcommittee some thoughts about the place of...
Listening to VOIP
The current debate in Congress and at the FCC over regulating voice over Internet protocol...
John D. Pickering Reviews Biz-War and the Out-of-Power Elite: The Progressive-Left Attack on the Corporation by Jarol B. Manheim
Quick: Who is Joseph Mailman? Ever hear of the Tides Foundation? How about Shaman Pharmaceuticals?...
Jeffrey Ladik Reviews Social Security and its Discontents Edited by Michael D. Tanner
The “third rail” of politics, Social Security, is without doubt an extremely controversial political issue....