Articles
Judicial Valuation Behavior: Some Evidence from Bankruptcy
Valuation litigation is notoriously unpredictable. When the value of a legal entitlement is in dispute,one...
Manufacturer's Immunity: The FDA Compliance Defense
Lars Noah: Thank you for inviting me to participate. I have been intrigued by these...
The Rapanos Decision
The Supreme Court has ruled in consolidated cases that the assertion of jurisdiction under the...
Engage Volume 7, Issue 2, October 2006
Special Feature: The Templeton Debates Make Way for Wal-Mart! Eminent Domain after Kelo Daniel Mendelker...
The ABA and the Presidential Signing Statement Controversy
The big news from the American Bar Association’s annual meeting this year was its resolution...
An Unemumerated Right of Privacy... and What to do About It
One of the most perplexing issues now confronting the American people in general,and agitating the...
"Aloha!," Akaka Bill
Hawaii has long been known for its warm and welcoming “Spirit of Aloha.” It’s hard...
Reviewing (and Reconsidering) the Voting Rights Act
Race is the third rail of American politics. So perhaps it’s no surprise that Congress...
United States V. Stein: Unconstitutionality of Prosecutorial Consideration of a Corporation's Advancing Legal Expenses to Employees in Corporate Charging Decisions
In the March issue of Engage George J. Terwilliger III and Darryl S. Lew treated...
Twombly: Naked (Alleged) Conspiracy Does Not Strip Freedom of Unilateral Action
When the Supreme Court hears Bell Atlantic Corp.v. Twombly this fall, it will confront both...
"Domestic Unlawful Combatants": A Proposal to Adjudicate Constitutional Detentions
As was perhaps inevitable, the sense of facing an urgent and deadly danger that gripped...
Commerce Clause Challenges to the Listing of Intrastate, Noncommercial Species Under the Endangered Species Act
In the early 1970s, Congress considered a series of bills aimed at instituting a federal...
Splitting the Ninth Circuit: Why Chief Judge Schroeder and Split Opponents Should Swap a Broad Circuit for a Broader Perspective
One month after the opening article in this series appeared in the October 2005 issue...
The Spending Clause Implications of Rumsfeld V. Forum for Academic and Individual Rights
In Rumsfeld v. Forum for Academic & Institutional Rights,the Supreme Court of the United States...
Constitutional Rights of the Boy Scouts
For the past quarter century, Boy Scouts of America has been defending itself against legal...
(Pre)Clarifying the Muddy Red Waters of the Texas Redistricting War
The fight for political preeminence in the Texas congressional map unfolded amidst upheaval in governing...
In the Name of Human Security: UNESCO and the Pursuit of Global Governance
Recently, the United Nations has been promoting a human security agenda. On January 1, 2001,...
The President's Wiretap IS Constitutional
The quotation above sounds as though it might have come from President Bush or one...
The Blackberry Case—An Alternate Ending
For more than six months I have been ruminating about the BlackBerry patent infringement case...
Supreme Court on eBay
In eBay, Inc. v. MercExchange, LLC, the Supreme Court rendered a highly anticipated decision holding...
“Public Interest” Led, Judge-Made Law: The Case of the Tree Planters
In a concerted and well-funded litigation effort, a soidisant public interest law firm is conducting...
The Unanticipated Consequences of Employment at Will: Providing Damages in Restrictive Covenant Enforcement Cases
The employment at-will doctrine is a creature of the common law that has long protected...
Pre-recognition Agreements: Can Employers Lawfully Acquire Contractual Control Over the Future Representative of Their Employees Under § 8(A)(2) of the NLRA?
Consider a hypothetical. An attorney enters into contract with a company. The company agrees to...
"Class" Arbitration? What About the Rights of Absent "Class" Members?
During the past two decades, in response to the cost,risk and inefficiency of the litigation...
Premises Owner Liability for Secondhand Asbestos Exposure: The Next Wave?
Asbestos litigation has evolved over the years as plaintiffs’ lawyers have raised new theories of...
Costing "Early Offers" Medical Malpractice Reform: Trading Non- Economic Damages for Prompt Payment of Economic Damages
In personal injury cases, the current system of tort liability has long been unworkable, especially...
"Playing in the Joints Between the Religion Clauses"... And Other Supreme Court Catchreses
Even when the U.S. Supreme Court reaches the right result in a matter involving church-state...
The First Amendment and Sunday.
The First Amendment says, in part, “Congress shall make no law respecting an establishment of...
Priveleges, Immunities, and Free Enterprise
PROFESSOR EPSTEIN: This is a very strange debate because I don’t know which side I’m...
How High A Wall? Originalism and the Separation of Church and State.
MR. HASSON: Thank you for having me. I’m going to tell you some stories and...
Make Way for Wal- Mart! Eminent Domain After Kelo.
PROFESSOR MANDELKER: As a beginning, I wish to give you some background on urban redevelopment...
The Role of Government in the Free Market
MR. SANDEFUR: I’d like to briefly explain the law of economic liberty, and why this...
Infringing Free Speech in the Broadband Age: Net Neutrality Mandates
There are many reasons why Congress should not adopt laws mandating so-called “net neutrality” for...
God and Government - Transcript
Transcript for the panel disussion "God and Government" presented by the Federalist Society's Student Division...