Articles
Standing in the Hot Seat: Climate Change Litigation
The future of climate change policy may be decided in a federal courtroom rather than...
Engage Volume 8, Issue 1, February 2007
ADMINISTRATIVE LAW & REGULATION State-Level Protection for Good-Faith Pharmaceutical Manufacturers by Daniel Troy Federalist Society...
An End (or Prelude?) to Further Litigation in the Reparations Movement
For decades there have been eff orts to obtain reparations for the descendants of those...
The Michigan Civil Rights Initiative and the Future of Racial Preferences
On November 7, 2006, the people of Michigan voted by an overwhelming 58-42% margin in...
Testing the Waters of Sarbanes-Oxley Whistleblower Claims
It has been nearly five years since Congress, in the aftermath of several corporate scandals,...
Corporate Governance Reform and Director Elections
The beginning of this decade featured a number of high-profile corporate scandals which have led...
Business Judgment Rule on the Line: Tower Air, IT Group, and Notice Pleading in Federal Court
The business judgment rule has long been a cornerstone of corporate law and business practice...
The McNulty Memorandum: Recent Modifications to Federal Prosecutorial Policy Regarding Corporations
On December 12, 2006, the Department of Justice (“Department”) announced changes to its corporate prosecution...
The Vienna Convention and the Supreme Court: Reaching the Limits of Internationalism?
The Supreme Court has taken much criticism in certain circles for paying too much attention...
Attorney-Client Privilege Waivers in Criminal Investigations
George J. Terwilliger III: Let us call a spade a spade and put this issue...
The State Secrets Privilege: A Necessary Evil?
The state secrets privilege is a common-law evidentiary privilege that allows the Executive to withhold...
NSA Surveillance: The Litigation and its Implications
On December 16, 2005, the New York Times reported that President Bush had authorized the...
An Update on Terrorism Risk Insurance
On November 26, 2002, the President signed into law the Terrorism Risk Insurance Act of...
The Debate Over Felon Voting
Today, from the bluest of the blue to the reddest of the red, almost every...
The Effect of Identification Requirements on Minority Voter Turnout
Voter fraud is a well-documented and existing problem in the United States. While it is...
Supreme Court Justices Halt Federal Circuit Advance on Lear v. Adkins
The Supreme Court recently put an end to Federal Circuit eff orts to revive a...
Is Copyright Property? Comments on Richard Epstein's Liberty versus Property
In his essay, Liberty versus Property, Richard Epstein offers a Lockean justification for intellectual property...
The Real ID Act Border Fence Provision: Congress Delegates Power to the Executive to Waive Laws in the Interest of National Security
Most readers of Engage are likely familiar with the ongoing public controversy over proposals to...
Is there a Danger the Emerging International Courts Will be Politicized? Lessons from the International Court of Justice
For centuries, international law regulated relations between states. With rare exception, it did not create...
Charges of Judicial Activism in Europe
Judicial activism was a core issue in the Senate hearings on President Bush’s Supreme Court...
The Pension Protection Act of 2006: Death-knell for Defined Benefit Pension Plans?
The private pension system in the United States has been in deep decline for many...
Ninth Circuit Court of Appeals Holds United Parcel Service, Inc. Violated Americans with Disabilities Act, Forbidding Deaf Drivers
Anyone who has traveled on an interstate highway has probably had the same experience: A...
Some Thoughts on the e-Discovery Amendments to the Federal Rules of Procedure
On December 1, 2006, amendments to the Federal Rules of Civil Procedure, addressing the discovery...
Fifth Consecutive State High Court Rejects Medical Monitoring
Recently, the Mississippi Supreme Court, in Paz v. Brush Engineered Materials, Inc., became the fifth...
Mass Fraud in Mass Tort Litigation?
Last year, a U.S. District Court Judge, Janis Jack, described by National Public Radio as...
Morality, Professionalism, and Happiness
Not long ago, with the practice of law came prestige, respect, and personal fulfillment. Not...
The Blaine Amendment: Harbinger of Secularism?
In August 1876, both houses of Congress voted on a series of proposals to amend...
Whither Universal Service in the Digital Age?
Last year marked the tenth anniversary of the Telecommunications Act (“the Act”). Since its passage,...
Remarks by Governor John Engler
Thank you for the invitation to join this Federalist Society conference on telecommunications. This is...
Margaret D. Stock Reviews Not A Suicide Pact by Richard A. Posner
Judge Richard A. Posner of the Seventh Circuit Court of Appeals is perhaps the most...
Gail Heriot Reviews The Chosen by Jerome Karabel
The modern university got its start on September 2, 1945, on the decks of the...
Christopher Wray & Robert Hur Review Never Again by John Ashcroft
This quote from John Ashcroft’s new book, Never Again, conveys much about the task of...
William Consovoy Reviews The Powers of War and Peace by John Yoo
The idea that the President holds the primary power to manage the foreign affairs of...
Public Financing of Campaigns
With the federal government and most states limiting or prohibiting individual, corporate, and union contributions...
State-Level Protection for Good-Faith Pharmaceutical Manufacturers
In 1996, the Michigan legislature enacted a common-sense proposition into law: drug-safety determinations should be...