Articles
Chief Justice Rehnquist and the Freedom of Speech
With time or overuse, even the most spot-on insight can degrade to a tired cliché...
DaimlerChrysler Corp. v. Cuno and the Constitutionality of State Tax Incentives for Economic Development
In October 2005, legal scholars, economists, and other experts gathered in Minneapolis at an event...
The ADA Opening Doors for the Plaintiff ’s Bar: How Ambiguities in Title III Inhibit Access, Increase Litigation, and Hurt Business
“I also want to say a special word to our friends in the business community,”...
Narrow Tailoring the Federal Transportation DBE Program
Under the Supreme Court’s strict scrutiny test, governments must have both a compelling interest to...
Privilege in Peril: Corporate Cooperation in the New Era of Government Investigations
The protection against disclosure afforded attorney-client communications and attorney work product, a pillar of the...
Supreme Court Preview: Antitrust Scrutiny of Joint Ventures
One of the most significant business cases that the Supreme Court will hear this term...
Contempt of Court & Broken Windows: Why Ignoring Contempt of Court Severely Undermines Justice, the Rule of Law, and Republican Self-Government
Former Mayor Rudolph Giuliani dramatically reduced serious crime in the city of New York by...
Anticipatory Search Warrants: Constitutional Tools for Fighting Crime
Judging from the chatter in that portion of the blogosphere dedicated to law topics, there...
The Threatened and Endangered Species Recovery Act of 2005
In its 32 years of existence, the Endangered Species Act (ESA) has not lived up...
New Regulation of Ocean Dumping: Discharged Ballast Water Must Be Clean
Every oil tanker, freighter and cruise ship carries ballast water. A typical oil tanker will...
A Court United: A Statement of a Number of Ninth Circuit Judges
Last issue, in this space, our colleague, Judge Diarmuid O’Scannlain, wrote a lengthy article, heavily...
The Structural Constitution and the Rehnquist Court
Most retrospectives about the Rehnquist Court frame its legacy in terms of a debate between...
Basel II Implementation: Rushing to a False Start
Historically, one method of regulating banking and other depository institutions has been to mandate certain...
Intellectual Property and Human Rights
Human rights embody the set of principles that properly apply to all people at all...
Some Thoughts on the Right to Health in International Law: An American Perspective
At least three of the Millennium Development Goals adopted in 2000 by the United Nations...
Due Process and War: A Critique of Rasul v. Bush and Related Academic Commentary
After the fourth anniversary of September 11, American forces remain in Afghanistan and Iraq. The...
Understanding the Newly-Refined Role of Customary International Law in U.S. Courts
There is much controversy concerning the role of international and foreign legal sources in U.S....
Unions and National Security: Does the NLRB Have Jurisdiction over Privately-Employed Airport Screeners? Should it Decline to Exercise Jurisdiction?
After the September 11, 2001 attacks, Congress felt so strongly about airport and airline security...
Religious Accommodation in Forced Union Dues Environments
Protecting conscience has always been a national priority in the United States. The Founding Fathers’...
Walk This Way: IBP, Inc. v. Alvarez Opens the Roberts Court Era
On November 8, 2005, a unanimous Supreme Court, per Justice Stevens, held that employees must...
Fee Counsel—The Antidote for Collusive Class Action Fee Agreements
Without the contingent fee, class action litigation in the United States would not exist, and...
The Lawsuit Abuse Reduction Act: A Sound Federal Reform
A great deal of attention is given to litigation that results in nine-figure awards or...
An Offer They Won’t Refuse
On December 6, 2005, a group of law schools, professors and students asked the Supreme...
Supreme Court Considers Challenge to Oregon’s Death With Dignity Act: Gonzales v. Oregon and the Right to Die
On October 5, 2005, the Supreme Court will hear oral argument in Gonzales v. Oregon,...
The Dangers of Mandating Network Neutrality
Some communications policymakers have recently become strong advocates of a government requirement to ensure the...
Deregulating Cable TV: The Time is Now!
Since 1996, the communications industry has undergone a deregulatory phase that has transformed how American...
Bradford A. Berenson Reviews The Common Law Tradition: A Collective Portrait of Five Legal Scholars by George Liebmann
What is the role and relevance of legal academia in the larger society? Do law...
Richard W. Garnett Reviews Divided By God: America’s Church-State Problem—And What We Should Do About It by Noah Feldman
The Supreme Court this past summer handed down rulings in three closely watched, eagerly anticipated,...
Margaret A. Little Reviews Our Culture, What’s Left of It: The Mandarins and the Masses by Theodore Dalrymple
Theodore Dalrymple, the pen name of a British doctor and writer, has justly been recognized...
Engage Volume 7, Issue 1, March 2006
ADMINISTRATIVE LAW & REGULATION DaimlerChrysler Corp. v. Cuno and the Constitutionality of State Tax Incentives...