Articles
New York District Court Dismisses Major Rights Suit on Apartheid
In In re South African Apartheid Litig., the district court for the Southern District of...
Clint Bolick Reviews # Educational Freedom in Urban America: Brown v. Board After Half a Century by David Salisbury and Casey Lartigue Jr.
Last year our nation celebrated the 50th anniversary of Brown v. Board of Education—and lamented...
Engage Volume 6, Issue 1, May 2005
ADMINISTRATIVE LAW & REGULATION Supreme Court Decision: Regulatory Takings by Louis K. Fisher & Esther...
It's Not Just the Test That's a Lemon, It's How Some Judges Apply It
On March 2, 2005, the United States Supreme Court heard two cases involving public displays...
Supreme Court Decision: Regulatory Takings
In its recent decision in Lingle v. Chevron U.S.A., the Supreme Court unanimously repudiated its...
OMB Prompt Letters: Are They Promoting (Smarter) Regulation?
When President George W. Bush took office in 2001, many observers anticipated a change in...
Defenders of Freedom Banned from Campus: The Third Circuit Enjoins Enforcement of the Solomon Amendment on First Amendment Grounds
Congress enacted the Solomon Amendment in 1994 to guarantee recruiters for the United States military...
Should Ex-Felons Be Allowed to Vote? A Legal Affairs Debate
CleggHere’s my basic position: In our democracy, there’s a strong presumption that everyone should be...
Securities Act Reforms Take Flight
On November 3, 2004, the Securities and Exchange Commission issued proposed rule release number 33-8501,...
The Lawyer’s Role in Preventing Corporate Fraud
Many years ago, during my third year of law school at the University of Chicago,...
The Unborn Victims of Violence Act and State Legislative Reform
In April of 2004, President George W. Bush signed into law a significant piece of...
Legal Problems with Online Gambling
Not long ago, Nevada and Atlantic City, New Jersey stood out from the rest of...
A Criminal Code for the 18th Century
The federal criminal code has it all. Its crimes run the gamut—trafficking in dentures, murder,...
Legal Alchemy: The General Mining Law of 1872 as Privatization Model
Sometime soon you will pick up a major newspaper and read that an environmental pressure...
The Heavy Hand of Redevelopment
In late 2002, Elaine Evans, together with business and residential owners of 22,883 other parcels...
Return of the Kings: A Glance at Bush v. Schiavo
The practice group for which I volunteer is the “Federalism and Separation of Powers” practice...
The WorldCom and Enron Settlements: Politics Rears its Ugly Head
Recent news that the independent directors of WorldCom and Enron had agreed to settle outstanding...
State Sovereign Immunity for Patent Infringement Claims, Five Years After Florida Prepaid
In Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, the Supreme Court held...
Intellectual Property and “Cheap Exclusion”
The transition in the Federal Trade Commission’s leadership from Chairman Timothy Muris to Chairman Deborah...
Immigration and Identity Fraud
Identity fraud presents a host of problems to various parts of society. The commercial ramifications...
Does the Right to Arms Impede or Promote Economic Development?
In the 1960s, the United Nations resolved to “take on the development challenge.” The objectives...
“Neutrality Agreements” and the Destruction of Employees’ Section 7 Rights
There are few issues more critical in modern labor law than the legality under the...
The High Road to Section 7 Rights: The Law of Voluntary Recognition Agreements
Voluntary recognition agreements (“VRAs”), also known as “neutrality agreements” or “card check agreements” depending on...
Stopping Asbestos Litigation Abuse
Widespread abuse and even fraud have long been rumored to be a part of asbestos...
A Comment on California’s Proposition 64
For California trial lawyers, Proposition 64’s passage brings the “judgment day” Gov. Arnold Schwarzenegger promised...
Human Rights Education, Religion, and Parental Choice in Education
On December 10, 2004, the United Nations General Assembly adopted a resolution proclaiming the World...
“Private Commons” in Radio Spectrum: The FCC Avoids a Tragic Result
In September, 2004, the Federal Communications Commission (FCC) refined and expanded its spectrum leasing rules,...
Bradley A. Smith Reviews Enlightened Democracy: The Case for the Electoral College by Tara Ross
To those of us who follow politics closely, it is a constant surprise that many...
Paul Rosenzweig Reviews Go Directly to Jail: The Criminalization of Almost Everything Edited by Gene Healy
For too long, the growth in the use of criminal law as a means of...
Michael Uhlmann Reviews Bringing Justice to the People: The Story of the Freedom-Based Public Interest Law Movement Edited by Lee Edwards
To members of the mainstream media and, alas, to much of the public, the phrase...
James A. Sonne Reviews The Freedom of Faith-Based Organizations to Staff on a Religious Basis by Carl H. Esbeck, Stanley W. Carlson-Thies, and Ronald J. Sider
As the French historian Alexis de Tocqueville once wrote of America in the mid-nineteenth century,...
Reynolds v. Department of Transportation, State of Alabama, et al.
For years courts have struggled with the scope of an attorney’s right to communicate with...
Oath-Breakers
“Oath-breaker.” In the mystical and now-familiar world of J.R.R. Tolkien’s fantasy, a person’s word was...
Discrimination, Retaliation and Implied Private Rights of Action
On Tuesday, November 30, 2004, the U.S. Supreme Court heard oral argument in Jackson v....
Voting by Military Personnel and Overseas Citizens
All United States military personnel and their dependents, as well as American citizens located abroad,...
Rethinking Campaign Finance Prohibitions
Modern politicians and activists face a sea of complex and contradictory campaign finance regulations. Every...