Articles
The SEC’s Inglorious Role in Limiting Small Business’s Access to Capital
One of the most curious and misdirected regulatory approaches of the Securities and Exchange Commission...
Mercier v. Inter-Tel and the Reformulation of the Blasius Standard
On August 14, 2007, the Delaware Court of Chancery decided Mercier v. Inter-Tel, Inc.1 One...
From Apprendi to Book to Gall to Kimbrough
A quarter-century ago, bipartisan majorities in Congress had come to understand that the federal sentencing...
Forensic Science Needs Checks and Balances
Justice is the foundation of liberty. Thus, the proper functioning of our criminal justice system...
Buying Green: The U.S. Government Steps Up Environmentally Prefereable Purchasing
With an annual contract budget of over $400 billion, the U.S. government is the largest...
A Floor, Not a Ceiling: Federalism and Remedies for Violations of Constitutional Rights in Danforth v. Minnesota
Few doubt that states can provide greater protection for individual rights under state constitutions than...
The Fourth Amendment and Federalism: The Supreme Court Tussle Over the Two
This term, the Supreme Court will decide two cases on the Fourth Amendment. Both come...
Reflections on Credit Card Practices and Legislative Reform Proposals
The growth in consumer use of credit cards over the past three decades has transformed...
Treasury's Blueprint: Regulatory Efficiency or More Red Tape?
On March 31, 2008, the U.S. Department of the Treasury issued its “Blueprint for a...
The Uncertain Future of the Presidential Public Financing System
The future viability of the once robust presidential public funding system is now questionable. First...
First Amendment Challenges to Copyright Law: Kahle v. Gonzales and Golan v. Gonzales
There has been an attempt in the last few years to reverse some of the...
When "Exclusive" is not "Exclusive" and "Compulsory" not "Compulsory": eBay v. MercExchange and Paice v. Toyota
The source of American patent law, Article I, section 8, of the U.S. Constitution, empowers...
Antitrust Implications of Patent Settlements: Balancing Patent Policy, Antitrust Law, and the Practical Limits of Litigation
In a perfect world, all patents would be valid and none infringed. In a near-perfect...
Saying What the Law Is: Arguments for an ICJ That Is Less Deferential to Security Council and General Assembly Resolutions
The United Nations (UN) system operates differently than the three branches of American government. Its...
The Supreme Court's ADEA Cases: How will the Nine Grapple with a Graying Workforce in the Wake of Ledbetter?
The Supreme Court heard fi ve age discrimination cases this term which will have a...
Wide Latitude for Retroactive Litigation Proposed in the Lilly Ledbetter Fair Pay Act
Title VII was built for speed. Discrimination charges are to be fi led within a...
Other People's Money...
Davenport v. Washington Educational Association had all the ingredients of a blockbuster: a campaign finance...
Locke v. Karass: Should the Court Overrule Lehnert's Test Determining Whether Union Expenditures Are Related to Collective Bargaining?
In the fall 2008 term, the U.S. Supreme Court will hear argument in Locke v....
Stoneridge Investment Partners: The Supreme Court Rejects "Scheme Liability"
On January 15, 2008, the Supreme Court issued its decision in Stoneridge Investment Partners LLC...
Canadian Class Action Law: A Flawed Model for European Class Actions
Activists urging European Union nations to adopt the class action device have recently begun citing...
Electing State Judges: Unpleasant, But Not Unconstitutional
“States, we don’t like your method of judicial selection. In fact, it is downright terrible....
Ministers, Minimum Wages, and Church Autonomy
When Judge Richard Posner expounds on an area of law in one of his opinions...
The Application of RFRA to Override Employment Non-Discrimination Clauses Embedded in Federal Social Service Programs
The basic federal employment nondiscrimination law is Title VII of the Civil Rights Act of...
Homeschooling Battle in California
A constitutional crisis hit California this spring, although it was noticed more for its social...
A La Carte Regulation of Pay TV: Good Intentions vs. Good Economics
In his insightful works on political economy, Professor Thomas Sowell warns of the dangers of...
NARUSCA v. FCC: Federalism, Line Item Billing, and the Future of Wireless Consumer Protection
States can regulate line items in customer billing for cellular wireless services. Th us spoke...
HOW JUDGES THINK by Richard Posner & CONSTITUTIONAL CONSCIENCE by H. Jefferson Powell
What do we want of our judges? And what can we reasonably expect from them?...
Engage Volume 9, Issue 2, June 2008
ADMINISTRATIVE LAW & REGULATION Swallows Holding Ltd. v. Commissioner: Limited Progress in Rejecting Tax Exceptionalism...
2008 Federalist Society Tax Policy Conference Panel
MS. O’CONNOR: Good morning everyone. I’m Eileen J. O’Connor. I’m a partner at Pillsbury Winthrop...
Enhancing Disability Protection Without Abandoning Principle
The ADA Restoration Act (ADARA) states as its intention to reverse Supreme Court decisions that...
Super-Tuesday for Equal Rights
When the Gratz and Grutter opinions were released in 2003, many believed that eliminating race...
Sovereign Wealth, Private Equity, and Hedge Funds...Oh My
Americans have long exhibited a suspicion of concentrated pools of capital controlled by small groups...
Swallows Holding Ltd. v. Commissioner: Limited Progress in Rejecting Tax Exceptionalism in Administrative Law
Swallows Holding Ltd. v. Commissioner: Limited Progress in Rejecting Tax Exceptionalism in Administrative Law