Fiduciary duty claims are becoming a hot topic. Increasingly plaintiffs in a variety of commercial situations are suing under some fiduciary duty theory. Fornerly, fiduciary duties were only imposed on persons occupying some special position such as trustee or guardian. Lately, however, the...

quot;Judicial Review and the 'Hard Look' Doctrinequot; examines the ways in which judicial review of administrative rulemaking has become more scrutinizing. Specifically, the article analyzes what has become known as the 'hard look' standard of judicial review. To many scholars, this hard look...

quot;Anonymous Sources, Libel Law, and the First Amendmentquot; presents an analysis of constitutional doctrines governing the media's use of anonymous sources, as well as of the constitutional model of the First Amendment Press Clause that gave rise to those doctrines. The article examines the...

The Constitutional Lynchpin of Liberty in an Age of New Federalism: Replacing Substantive Due Process with the Right to Travel argues that the federalism revolution waged by the Rehnquist Court may point the way to a more constitutionally sound approach to protecting individual liberty than the...

quot;The Institutional Side of Religious Liberty: A New Model of the Establishment Clausequot; offers a new theory of the First Amendment Establishment Clause. Under this theory, the Clause plays a subordinate role to the Free Exercise Clause; whereas at present, the Exercise Clause is generally...

The Unannounced Revolution: How the Court Has Indirectly Effected a Shift in the Separation of Powers argues that contrary to prevailing wisdom the Supreme Court has presided over a significant transformation in the separation of powers area. Many scholars have questioned why the Court has not...

Accommodating the Administrative State: The Interrelationship Between the Chevron and Nondelegation Doctrines addresses the interrelationship between two of the more prominent doctrines in administrative law - the nondelegation doctrine and the Chevron doctrine. The article argues that even...

This article examines the historical experience of the First Amendment's Establishment Clause. Throughout the colonial and constitutional periods of the United States, the classical concept of an exclusive state church dominated the American image of an establishment of religion. A state...

This article argues that the Supreme Court's decision in United States v. American Library Association reflects a more realistic view of the Internet and its role in society than does the Court's previous decisions, and that the Court's opinion in ALA may pave the way for a First Amendment model...

This brief Article discusses the 1938 U.S. Supreme Court's infamous footnote four in its decision in U.S. v. Carolene Products. It was this footnote that suggested how the New Deal Court would conduct future judicial review. According to this footnote, the Court would give more heightened...