Articles
Engage Volume 8, Issue 3, June 2007
ADMINISTRATIVE LAW & REGULATION Gasoline, Markets, and Regulators by Andrew Morriss CIVIL RIGHTS The Legal...
Gasoline, Markets, and Regulators
Does gasoline cost too much, or too little? Recently we have heard that gasoline costs...
The Legal Implications of Complying with Race and Gender-Based Client Preferences
Over forty years ago, Congress enacted the Civil Rights Act, a milestone in the fight...
A Call to Action: Diversity in the Legal Profession
In 1999, the Chief Legal Offi cers of about 500 major corporations signed a document...
Gonzales v. Carhart: What Hath Kennedy Wrought?
Once more the question echoes: What hath Justice Kennedy wrought? This time in the decision...
The Scope of the SEC's Authority over Shareholder Voter Rights
In May 2007, the Securities and Exchange Commission (SEC, or “Commission”) held a series of...
The Dark Side of the Fare Wars: The Sixth Circuit Takes a Fresh Look at Predatory Pricing Claims Under Section 2 of the Sherman Antitrust Act
It is a truism that public policy favors robust competition and that consumers generally benefi...
Universal Jurisdiction: The German Case Against Donald Rumsfeld
On April 27, 2007, the German Federal Prosecutor General announced that she would not commence...
NEPA Scope of Analysis in the Federal Permitting Context: The Federal Tail that Risks Wagging the Non-Federal Dog
The National Environmental Policy Act (NEPA) requires federal agencies to consider the environmental impacts of...
Save America: Throw the Raisins Away!
Many Americans would be shocked to learn that the federal government confi scates a quarter—or...
Holding Enemy Combatants in the Wake of Hamdan
In Hamdan v. Rumsfeld, the Supreme Court reversed (5 to 3) a decision that John...
A Comment on the Proposed Statement on Subprime Mortgage Lending
In 2006, foreclosure rates on subprime mortgages more than doubled over the previous year, and...
The WTO as a Supranational Competition Authority
There has been a significant wave of transnational mergers and acquisitions this past decade, a...
Public Employees and Governmental Expression
My argument is that the modern jurisprudence of public employee speech neglects an important factor:...
A Glimpse of the Future? Campaign Finance Laws and Governmental Regulation of the Press
In April 2007, the Washington Supreme Court issued an important decision for the First Amendment...
The Seagate Conundrum: Risks and Rewards of Raising the Defense of "Advice of Counsel" to a Charge of Willful Patent Infringement
Imagine that your company manufactures or sells a product in the United States, in competition...
Patents and Health at the World Health Organization
Are patents bad for public health? Despite the vast number of fundamental public health challenges...
Stripping Habeas Corpus Jurisdiction Over Non-Citizens Detained Outside the United States: Boumediene v. Bush and the Supreme Court
In the ongoing saga over the detainees held at Guantanamo Bay, the D.C. Circuit recently...
Democratic Evolution and the Church of the United Nations
Competition among the diverse values systems developed over time to create and maintain social order...
Premature Recognition: Isn't There A Better Way?
How many times do labor lawyers see this? Company A is interested in purchasing Company...
The Supreme Court and Judicial Restraint: Philip Morris USA v. W
Judicial pragmatists have implicitly ceded the moral high ground to more restrained approaches to constitutional...
The Judge and State Law: MTBE Multi-District Litigation
Imagine a product that, when used properly, is safe, valuable and environmentally sound, but when...
Evaluating Judicial Nominees: Will a Nominee Respect and Protect the Amendment Process and the Right of the People to Participate?
Article II, Section 2, of the Constitution provides that the President “shall nominate, and by...
Non-Discrimination Rules and Religious Associational Freedom
Governments are applying rules banning “discrimination” on the basis of religion and “sexual orientation” to...
Conforming Communications Policy to a Constitutional Culture
With over a decade elapsed since enactment of the supposedly (but not really) deregulatory Telecommunications...
Jonathan H. Adler Reviews The Supreme Court Opinions of Clarence Thomas, 1991-2006 by Henry Mark Holzer
Since his nomination to the Supreme Court to replace Justice Thurgood Marshall in 1991, Justice...
Katherine Spaht Reviews The Future of Marriage by David Blankenhornn
David Blankenhorn’s The Future of Marriage is an ambitious book—ambitious in its exploration of the...
Dale A. Carpenter Reviews The Future of Marriage by David Blankenhorn
On March 28, I addressed part of David Blankenhorn’s argument, relying on international survey data,...
Michael B. Brennan Reviews Principles and Heresies by Kevin J. Smant
Civilized society seeks to achieve a proper balance between freedom and order. Law is often...