Articles
Jeremy Rabkin Reviews The Constitution's Text in Foreign Affairs by Michael D. Ramsey
Michael Ramsey’s new book is not likely to become a bestseller. Th e book is...
Attorneys' Fees in Class Actions
In 2005, as a member of a plaintiff class in a securities lawsuit, I objected...
"Equal Access"? Faith Center Church Evangelistic Ministries v. Glover and the Use of Public Facilities for Religious Worship
The U.S. Court of Appeals for the Ninth Circuit has developed a unique jurisprudence in...
Will the Federal Communications Commission Broadcast Flag Order Be Resurrected?
In order to protect digital television broadcast programming from mass piracy through the Internet, the...
Timothy Sandefur Reviews David's Hammer by Clint Bolick
In all the recent debates over “judicial activism,” Clint Bolick appears to be the only...
Craig S. Lerner Reviews David's Hammer by Clint Bolick
Clint Bolick is an asset to the nation. He and the Institute for Justice, the...
Paul Horwitz Reviews Silence and Freedom by Louis Michael Seidman
“Silence,” A.A. Attanasio wrote, “is a text easy to misread.” It is all the more...
Michael Madigan Reviews Until Proven Innocent by Stuart Taylor, Jr. & K.C. Johnson
Your son, a college student and athlete—a good kid who is a year away from...
Margaret Stock Reviews The Founders on Citizenship and Immigration by Edward J. Erler, Thomas G. West & John Marini
Given the prominence of immigration issues in American politics today, an up-to-date and scholarly volume...
Minding Moral Responsibility: The Supreme Court's Recent Mental Health Rulings
It can be fairly said that American criminal law is based upon a moral consensus...
Genetic Information and Privacy Interests: The DNA Fingerprinting Act
In the early 1980s, geneticist Alec Jeffreys of Leicester University discovered that DNA, the nucleic...
Sanctuary Cities and the Second Circuit's Challenge in New York v. U.S.
The existence of “sanctuary cities” in the United States falls in line with the old...
Making Prisons Compete: Private Prisons and the Demands on the Public System
The American public is growing increasingly frustrated with the escalating cost of managing our vast...
Can the Golden State Catch a Greenhouse Waiver?
In 2004, the California Air Resources Board (CARB) adopted the nation’s fi rst regulations limiting...
Do Inclusionary Zoning Laws Violate Nollan, Dolan, and the Doctrine of Unconstitutional Conditions?
In most parts of the country, there is a shortage of low-income housing. Local governments...
Federal Aid to the States
In recent years, members of Congress have inserted thousands of pork-barrel spending projects into bills...
Securities and Exchange Commission Issues Guidance on Management's Evaluation of Internal Control Over Financial Reporting
The Securities and Exchange Commission (SEC) recently issued interpretative guidance (“Guidance”) in connection with corporate...
Violence is not Obscenity
On September 17, 2007, the United States District Court for the Western District of Oklahoma...
How Patents Can Help Those Interested in the Environment and World Health
It has become fashionable to argue that patents frustrate important social goals like protecting the...
Public Committee Against Torture in Israel v. Government of Israel: U.S. Military Commissions through the Lens of the Supreme Court of Israel
The legal dimension of the struggle to defeat terrorists has at times overshadowed the armed...
Sarbanes-Oxley Whistleblower Provisions: A Study in Statutory Construction
In the February 2007 issue of Engage, J. Gregory Grisham and James H. Stock, Jr....
New Opportunities for Defendants in Securities Class Actions
The securities class action litigation industry, known for its stability the last twenty or so...
West Virginia Supreme Court Strikes Down Learned Intermediary Rule
In 1999, the New Jersey Supreme Court created an unprecedented exception to the learned intermediary...
Engage Volume 8, Issue 4, October 2007
ADMINISTRATIVE LAW & REGULATION The Roberts Court Wades into Products Liability Preemption Waters: Riegel v....
The Roberts Court Wades into Products Liability Preemption Waters: Riegel v. Medtronic, Inc.
With Riegel v. Medtronic, Inc., the Roberts Court makes its inaugural foray this term into...
No Big Surprise: A Review of the Seattle Schools Case
On June 28, 2006, the Supreme Court issued its decision (along with several concurring and...
Can the Federal Transportation DBE Program Be Narrowly Tailored to Remedy Discrimination?
The federal transportation Disadvantaged Business Enterprise (DBE) program is a relic from another era that...
Point-Counterpoint: Affirmative Action Hiring Practices in the New Court Era
Two things that the past few months have proved about the Supreme Court, when it...
The Roberts Court Antitrust Jurisprudence: The Chicago School Marches On
The Supreme Court issued four antitrust decisions this term—(the most since the 1989-90 term)—and seven...
The End of the Road for Dr. Miles: Leegin Creative Leather Products, Inc. v. PSKS, Inc.
When Robert Bork published The Antitrust Paradox in 1978, he could argue that in antitrust...
Majority Voting: Acting in the Best Interest of Stockholders, or Following the Herd?
In 2003 the Securities and Exchange Commission proposed a rule that would, under certain circumstances,...