Articles
The Supreme Court’s 2005-2008 Securities Law Trio: Dura Pharmaceuticals, Tellabs, and Stoneridge
Business law is clearly an area that the Supreme Court has turned its attention to...
Engage Volume 9, Issue 3, October 2008
Special Issue:Supreme Court Retrospective ADMINISTRATIVE LAW & REGULATION The Supreme Court’s Standing Problem by Ronald...
The Supreme Court’s Standing Problem
Standing is a concept that at its core signals a peculiar problem. In ordinary damage...
Federal Preemption at the Supreme Court
It has been a striking time for federal preemption at the Supreme Court. Last term,...
Judicial Deference to Agency Action
One of the most important questions in administrative law concerns how closely and critically judges...
Justice Kennedy’s Stricter Scrutiny and the Future of Racial Diversity Promotion
More than half a century after Brown v. Board of Education, the Supreme Court is...
Anatomy of a Lawsuit: District of Columbia v. Heller
It took nearly 5-1/2 years of litigation, a feckless 32-year handgun ban in the nation’s...
The Antitrust Revolution
The history of antitrust law over the past four decades has been one of drastic,...
The Supreme Court’s 21st Century Trajectory in Criminal Cases
With the recent, important changes in the composition of the U.S. Supreme Court, the Court...
Respecting the Democratic Process: The Roberts Court And Limits on Facial Challenges
Judicial review—the ability of the courts to invalidate a law because it is contrary to...
The Supreme Court and Campaign Finance
In few other areas of law does politics touch the Supreme Court more directly than...
Crawford v. Marion County Election Board and the Future of Supreme Court Jurisprudence Concerning the Regulation of Elections
Crawford v. Marion County Election Bd. assumes an important place in election law jurisprudence, not...
Quanta and the Future of Supreme Court Patent Jurisprudence
The Supreme Court’s unanimous decision in Quanta v. LG Electron ics1 may make it signifi...
International Law as an Interpretive Aid in Supreme Court Jurisprudence
The Supreme Court’s use of international and foreign law has garnered substantial commentary in recent...
Debunking the Myth of a Pro-Employer Supreme Court
By any measure, the Court’s recently completed term included a number of victories for employees....
Getting Down to Business: Early Observations on the Roberts Court’s Business Cases
In a review of what would prove the last term of the Rehnquist Court, Judge...
The 2008 Presidential Election, the Supreme Court, and the Relationship Of Church and State
Religion and politics enjoy an uneasy relationship in American life, and the 2008 presidential election...
Charting a New Constitutional Jurisprudence for a Digital Age
Communications law and policy would be very different today—and more suited to the now generally...
Edwin Meese Reviews The Dirty Dozen by Robert A. Levy and William Mellor
The authors of The Dirty Dozen are leaders of the freedom-based public-interest law movement, Robert...
Daniel H. Lowenstein Reviews The Rise of the Conservative Legal Movement by Steven M. Teles
In the penultimate chapter of this excellent book, Steven M. Teles contrasts the prevailing moods...