White Papers

Archives

2016

• The Alt-Chain Revolution: Regulatory Considerations for the Next Wave of Bitcoin Innovation
• Resale Price Maintenance & State Law Holdups

2015

• Two Models of Public Pensions in State Supreme Court Decisions (November 2015)
• 2014 Civil Justice Update (April 2015)

2014

• The BP Gulf Oil Spill Class Settlement: Redistributive "Justice"? (November 2014)
• EPA's Section 111(d) Carbon Rule: What if States Just Said No? (November 2014)
• Recent Decisions of the Supreme Court of North Carolina (September 2014)
• History and Recent Developments in Same-Sex Marriage Litigation (May 2014)

2013

• Overprotecting Public Employee Pensions: The Contract Clause and the California Rule (December 2013)
• Can Pensions be Restructured in (Detroit's) Municipal Bankruptcy? (October 2013)
• Sunsetting the Tennessee Judicial Nominating Commission: What Now? (June 2013)
• State Action on Voter Identification: A National Survey (June 2013)
• The Clean Air Act as an Obstacle to the Environmental Protection Agency’s Anticipated Attempt to Regulate Greenhouse Gas Emissions from Existing Power Plants (March 2013)
• A Legal Overview of Utah's H.B. 148--The Transfer of Public Lands Act (January 2013)
• Recently Enacted Legislative Reforms and State Court Challenges (January 2013)

2012

• New Federal Initiatives Project (2009-2012)
• A Review of the Florida Supreme Court: 2000-2012 (October 2012)
• The Effect of Super PACs on North Carolina Judicial Elections (October 2012)
• Textualism and the Michigan Supreme Court (October 2012)
• Mens Rea and State Crimes (July 2012)
• Philadelphia Tort Litigation: Forum Shopping and Venue Reform (May 2012)
• Judicial Selection in Nebraska (May 2012)
• A Survey of Empirical Evidence Concerning Judicial Elections (March 2012)
• Legislative Authority to Adjust Judicial Benefits Under the New Jersey Constitution (January 2012)

2011

• State Court Challenges to Legislatively Enacted Tort Reforms (September 2011)
• A Report on Tennessee Attorney General Selection (February 2011)
• Conflicts in International Tort Litigation between U.S. and Latin American Courts (January 2011)
• Lawyers at War (January 2011)

2010

• Judicial Elections and Their Opponents in Ohio (November 2010)
• The Twenty-First Century Texas Supreme Court: Pro-Law, Pro-Prosperity (October 2010)
• The North Carolina Supreme Court in 2010: Is It Time for Reform? (October 2010)
• Recent History of the Michigan Supreme Court (October 2010)
• Illinois Supreme Court: An Analysis of Recent Trends (October 2010)
• California 2010: The Courts and the Economy (October 2010)
• Alabama Supreme Court: Role of Court in Key Corporate Cases (October 2010)
• Temporary Assignments to Fill Vacancies on the New Jersey Supreme Court (September 2010)
• The Washington Supreme Court and the State Constitution: A 2010 Assessment (July 2010)
• Legal and Logistical Ramifications of the National Popular Vote Plan (July 2010)
• Vicarious Criminal Liability (February 2010)
• The FCC's Internet Power Surge: The Constitutional and Statutory Limits on the FCC's Authority to Promulgate "Net Neutrality" Rules (February 2010)
• "Complaints" About the Weather: Why the Fifth Circuit's Panel Decision in Comer v. Murphy Oil Represents the Wrong Approach to the Challenge of Climate Change (January 2010)
• The Explosion of the Criminal Law and Its Cost to Individuals, Economic Opportunity, and Society (January 2010)

2009

• Judicial Funding Mandates Related to Education Sharply Decline (October 2009)
• Key Issues for Pennsylvanians: What is at Stake with the Pennsylvania Supreme Court (October 2009)
• Treasury’s Proposed Resolution Authority for Systemically Significant Financial Companies (September 2009)
• The Economic Impact of Waxman-Markey on the Home Building Industry (September 2009)
• Dollars and Sense: Understanding the New Jersey Supreme Court’s Role in Education and Housing (September 2009)
• Constitutional Implications of an “Individual Mandate” in Health Care Reform (July 2009)
• A Report on the Political Balance of the Tennessee Plan (April 2009)

2008

• The North Carolina Supreme Court: A Special Issue Report (October 2008)
• Alabama Supreme Court Justice Harold See: His Twelve-Year Legacy -- A Special Issue Report (October 2008)
• The Supreme Court of Texas: A Balanced Court -- A Special Issue Report (October 2008)
• Michigan's Big Four: An Analysis of the Modern Michigan Supreme Court (October 2008)
• Should We Keep this Court? An Economic Examination of Recent Decisions Made by the West Virginia Supreme Court of Appeals (October 2008)
• The Modern California Supreme Court: Progressivism and Practical Constraints (October 2008)
• A More Modest Court: The Ohio Supreme Court's Newfound Judicial Restraint (September 2008)
• The Louisiana Supreme Court: Interpreting the Law or Making Policy? (September 2008)
• On the Side of Angels: Updating the Mississippi Supreme Court's View of the Judicial Role, 2004-2008 (August 2008)
• The State of the Washington Supreme Court: A 2008 Update (August 2008)
• Everyone's Business: Emerging Issues in the Wisconsin Supreme Court (March 2008)
• A Report on Reauthorization of the Tennessee Plan (February 2008)

2007

• Judicial Recess Appointments: A Survey of the Arguments -- An Addendum (December 2007)
• Selection to the Kansas Supreme Court (November 2007)
• IGWG: Beyond its Mandate? (October 2007)
• The Consequences of Judicial Selection: A Review of the Supreme Court of Missouri, 1992-2007
• Interstate Comity: Cheers for Texas by Michael Greve (March 2007)
• A Court Unbound? The Recent Jurisprudence of the Wisconsin Supreme Court by Rick Esenberg (March 2007)
• Sordid Business: The Supreme Court Confronts the Constitutionality of Racial Preferences in K-12 Education by Virginia Solicitor General William E. Thro & University of Dayton Professor Charles J. Russo (March 2007)
• Texas-Sized Transformation: The Conservative Counterrevolution on the Texas Supreme Court by Meredith B. Parenti & Susanna Dokupil (February 2007)
• Justice Kennedy's Analysis of Navigable Waters in Rapanos by Virginia S. Albrecht & Deidre G. Duncan (January 2007)
• The Rapanos Decision by M. Reed Hopper & Damien Schiff (January 2007)
• Recalibrating the Definition of "Waters of the United States" after Rapanos by Jeffrey H. Wood (January 2007)
• The Modern Role of State Attorneys General: A Renewed Activism by Robert J. Gaglione (January 2007)
• Marshall v. Marshall and the Probate Exception to Federal Court Jurisdiction by Hon. Ronald A. Cass (January 2007)
• Pension Protection Act of 2006 by Austin Bramwell (January 2007)

2006

• Customary International Law and State Patterns of Cooperation in the Use of Force in Response to Terrorism by Vincent Vitkowsky (December 2006)
• The Florida Supreme Court: Judicial Activism & Judicial Self-Restraint -- Some Examples by Thomas C. Marks, Jr. and Pamela Buha (October 2006)
• The Colorado Supreme Court: Independence or Activism? by Shawn Mitchell (October 2006)
• Staying the Course: An Update on the Alabama Supreme Court by Marc James Ayers (October 2006)
• The Predictable Unpredictability of the Georgia Supreme Court by Robert Barker, Holly A. Pierson, & W. Ryan Teague (October 2006)
• The Washington Supreme Court: A Special Issue Report by David K. DeWolf, Andrew C. Cook, & Seth L. Cooper (October 2006)
• Increasing the Security of Elections: The Effect of Identification Requirements on Turnout of Minority Voters by Hans A. von Spakovsky (September 2006)
• "Eight Ways to Sunday": Which Direction, Kentucky Supreme Court? by John K. Bush and Paul E. Salamanca (September 2006)
• EPA’s New Source Review Enforcement Initiative: Legal and Policy Flaws, by David B. Rivkin, Jr., Lee A. Casey, and Mark W. DeLaquil (July 2006)
• State-Level Protection for Good-Faith Pharmaceutical Manufacturers, by former FDA General Counsel Daniel Troy (March 2006)
• Agency Discretion and Restoring the Reign of Reason to the NSR Program (March 2006)

2005

• The Proliferation of State Statutes Using Racial and Ethnic Classifications (June 2005)
• The Help America Vote Act of 2002: A Statutory Primer (June 2005)
• It's Not Just the Test that's a Lemon, It's How Some Judges Apply It (June 2005)
• Can Bush Supreme Court Appointments Lead to a Rollback of the New Deal?
  by William Consovoy, Wendy Keefer, Thomas McCarthy and Seth Wood (May 2005)
• Business and the Supreme Court (March 2005)
• Discrimination, Retaliation, and Implied Private Rights of Action (February 2005)
• Federal Sentencing Guidelines: Supreme Court Decision (February 2005)
• Rethinking Campaign Finance Prohibitions by Allison R. Hayward (January 2005)
• Voting by Military Personnel and Overseas Citizens: the Uniformed and Overseas Citizens Absentee Voting Act by Hans A. von Spakovsky (January 2005)

2004

• Breaking the Compact: Separation of Powers, Deference and Fair Notice in New Source Review (December 2004)
• State Supreme Courts 2004: Alabama, Illinois, Ohio, Mississippi
• The Iraqi Special Tribunal: Securing Sovereignty From the Ground Up
  by Lieutenant Colonel Michael Newton (October 2004)
• Swift Boat Democracy & The New American Campaign Finance Regime
  by Lee Goodman of Wiley Rein and Fielding (October 2004)
• Born in the U.S.A.? Rethinking Birthright Citizenship in the Wake of 9/11
  by Prof. John Eastman of Chapman University School of Law (October 2004)
• An Examination of Cheney v. U.S. District Court - A Win for Executive Authority
  by Shannen W. Coffin (June 2004)
• Supreme Court Review of UTSA II Would Delay the President's Broadband Policy and Prolong Existing Disarray of Telecommunications by Congressman David McIntosh and Julian Gehman (June 2004)
• Explosive Growth of Federal Crime Legislation (May 2004)
• Can the President Terminate the ABM Treaty? (April 2004)
• Judicial Recess Appointments: A Survey of the Arguments by Stuart Buck, James C. Ho, Brett H. McGurk, Tara Ross & Kannon Shanmugam (January 2004)
• Gay Marriage and the Federal Judicial Confirmation Process by Brian J. Murray and David S. Petron (February 2004)

2003 and earlier

• Drafting Buckley v. Valeo: The Court, Liberty, and Politics by Allison R. Hayward (2003)
• Diversity: The Truth Behind the Michigan Cases by Brian Fitzpatrick (2003)
• The Case for Partisan Judicial Elections (January 2003)
• The Case for Judicial Appointments (January 2003)
• Private Securities Litigation Refrom Act: A Post-Enron Analysis (May 2002)
• The First Amendment and Securities Laws (May 2002)
• The Grand Finale is Just the Beginning: School Choice and the Coming Battle Over Blaine Amendments (March 2002)
• The ABA and Criminal Justice Issues (August 1997)
• Addressing Enron