Brian Galle [*] [download pdf] In the days before and after the passage of California’s “Proposition 8,� a ballot initiative barring legal recognition of same-sex marriages in the state, it was widely reported that the LDS Church, together with other religious organizations, played a significa...

Jack M. Beermann [*] [download pdf] The flurry of regulatory activity by the outgoing administration of President George W. Bush has raised, once again, the specter of midnight regulation. [1]   In contrast to the late-term action of the Clinton Administration, much of the Bush Administrationâ€...

Jonathan Zasloff [*] [download pdf] Bureaucratic reorganization may well constitute the most dismal swamp of policy analysis.  Agencies are restructured, responsibilities reassigned, bureaus renamed, boxes are moved around—yet all too often, nothing happens.  This failure, of course, l...

Mitchell H. Rubinstein [*] [download pdf] Introduction Imagine that a group of foreign registered nurses approaches you because they feel abused and want to quit their jobs.  They signed an employment contract with a $25,000 liquidated damage provision agreeing to remain employed for three year...

Seth Barrett Tillman [*] [download pdf] [Eds. Note: In light of the interest in our presidential transitions colloquy and the continuing debate over recess appointments, we would like to highlight a debate between Seth Barrett Tillman and Brian C. Kalt that occurred in the first volume of the Colloq...

Brian C. Kalt [*] [download pdf] [Eds. Note: In light of the interest in our presidential transitions colloquy and the continuing debate over recess appointments, we would like to highlight a debate between Seth Barrett Tillman and Brian C. Kalt that occurred in the first volume of the Colloquy.] Th...

David T. Hardy [*] [download pdf] Few if any legal figures in the early republic held the status of St. George Tucker.  Educated in the law by William and Mary’s George Wythe, Tucker succeeded him as the College’s professor of law, a post he held from 1790 until his appointment to the bench...

Paul Horwitz [*] [download pdf] Introduction Ever since Bruce Ackerman introduced us to the phrase, constitutional lawyers have come to think of “constitutional momentsâ€� as momentous and irregular. [1]   They are assumed to be extraordinary occasions on which the nation rethinks its constit...

D. Daniel Sokol [*] [download pdf] One of the key issues in international antitrust has been how to make antitrust effective around the world.  Most antitrust laws have been adopted or significantly modified since 1990. [1]   A number of key jurisdictions are either fairly new to antitrust...

Jennifer S. Hendricks [*] [download pdf] The LGBT [1] community may soon win a legal victory that has been decades in the making: passage of the Employment Non-Discrimination Act (ENDA).  As passage of the bill becomes more likely, debates about how much to compromise for that victory have bec...