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...

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...

"Wind Energy in Indian Country: A Study of the Challenges and Opportunities Facing South Dakota Tribes" is a study of the developing wind power in Indian country and how this resource presents a unique opportunity for Indian tribes to advance economic and social interests while adhering to...

The globalization movement has made efforts to create free trade zones through considerable efforts to harmonize international commercial and trade laws. Perhaps as a result of the focus that the globalization movement has put on trade harmonization, commentators and regulators have begun...

In Grutter v. Bollinger, the Court recognized student body diversity as a compelling state interest that justified the use of racial preferences in selecting applicants for admission to public university law schools. Normally, any state action reviewed under a strict scrutiny approach is...

In the modern media age, the number of media venues, along with the types of information and programming those venues carry, is exploding. Nowhere is that explosion more evident than with the Internet. On the positive side, the Internet offers a wealth of information and communications...

The one overriding theme used to describe the modern Supreme Court is its revival of federalism. Ever since the New Deal era, federalism concerns had been largely absent from the Court's decisions. However, under the leadership of the late Chief Justice Rehnquist, the Court has attempted to...