Articles
What Will the Government Do With Your Confidential Pricing Information Once You Enter Into A Federal Contract?
It comes as no surprise that doing business with the federal government raises many unique...
Colwell v. United States Department of Health and Human Services: Feds Order Physicians and Health Care Providers to Provide Free Language Translation Services to Limited English Proficient Patients
For 2,400 years, society has been confident that properly trained, competent, and compassionate physicians will...
What if Judge Bork had become Justice Bork?
Maybe it’s that I am a Boston Red Sox fan: I always ask “what if?”...
United Stated v. Dentsply International: Putting Teeth into Exclusive-Dealing Claims?
In many courts, an antitrust challenge to an exclusive contract can be called a “Rodney...
Johnson v. California: When Does “All” Mean “All?”
In February 2005 the U.S. Supreme Court, in a 5-3 decision, refused to craft a...
The Supreme Court’s Property Rights Cases
The U.S. Supreme Court handed down three major decisions affecting private property rights during its...
California Geothermal Law and its Impacts on Thermophile Biodiversity
The growing need for efficient renewable energy in California has led to research into ‘green’...
Ten Reasons Why the Ninth Circuit Should Be Split
I have had the privilege of serving as a judge on the Ninth Circuit Court...
Toward a Simpler Standard for Abrogating Sovereign Immunity
In recent terms, the Supreme Court has repeatedly addressed issues related to the states’ sovereign...
The Undue Burdens of the Bank Secrecy Act
The USA PATRIOT Act was enacted into law in late-October 2001, less than 45 days...
How Intellectual Property Became Controversial: NGOs and the New International IP Agenda
Until fairly recently, few questioned whether the nations of the world should promote intellectual property...
The DREAM Act: Tapping an Overlooked Pool of Home-Grown Talent to Meet Military Enlistment Needs
Participants at the third annual Marine Advanced Technology Education Center’s Remotely Operated Vehicle (ROV) Competition...
Let Our National Interest Guide Our Immigration Policy
As the debate over the President’s immigrant guest worker proposal intensifies, there has been much...
Redeeming Gitmo: The U.S. Can Take Steps to Rise Above the Guantanamo Bay Controversy
This past summer I attended meetings on international humanitarian law in San Remo and Geneva...
The Fiduciary-Beneficiary Exception to the Attorney-Client Privilege as Applied to the Duty of Fair Representation Owed to Union Non-members
The current labor law in the United States allows unions in non-Right to Work states...
Grable’s Quiet Revolution: The Revival of Substantial Federal Question Jurisdiction
Supreme Court observers uttered nary a peep on June 13, 2005 when the Court handed...
California Supreme Court Both Limits and Extends Punitive Damages
The California Supreme Court has decided a pair of punitive damage cases, Simon v. Sao...
Letters to Senator Arlen Specter, Chairman, U.S. Senate Judiciary Committee
In Slate magazine, August 17, 2005, Professors Stephen Gillers, David Luban, and Steven Lubet published...
Nothing to Stand On: “Offended Observers” and the Ten Commandments
The Supreme Court could end many Establishment Clause disputes by enforcing Article III standing requirements...
“And What Do You Say I Am?”: The Meaning of the Kentucky Display
In McCreary County v. ACLU, a bare majority of the Supreme Court affirmed that secularism...
A Proposal for a New Digital Age Communications Act
Technological and marketplace developments have forced a re-thinking of the premises of communications regulation. Advances...
Michael C. Cernovich Reviews Constitutional Chaos: What Happens When the Government Breaks Its Own Laws by Judge Andrew Napolitano
You can’t always judge a book by its cover, but you can often judge a...
Anthony E. Davis Reviews Legal Ethics: The Lawyer’s Deskbook on Professional Responsibility, 2005-2006 Edition by Ronald D. Rotunda & John S. Dzienkowski
This one volume work on legal ethics contains an excellent overview, discussion and explanation of...
Engage Volume 6, Issue 2, October 2005
ADMINISTRATIVE LAW & REGULATION What Will the Government Do With Your Confidential Pricing Information Once...
The Help America Vote Act of 2002: A Statutory Primer
The Help America Vote Act of 2002 ("HAVA") was signed into law by President Bush...
A Dissenting View: Some Guarded Optimism on Combating Terrorists Money Laundering
We will not win the terrorism war only by pursuing the money-laundering techniques of the...