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...

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...

Employment agreements have a significant impact on trade secret litigation. Minnesota common law provides two causes of action for employers seeking to protect trade secrets: breach of contract and tort misappropriaton. The Uniform Trade Secrets Act, enacted in Minnesota in 1980, provides...

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...

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...

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...

Defining Speech in an Entertainment Age: The Case of First Amendment Protection for Video Games, argues that in a media society producing ever increasing amounts of entertainment the courts must closely examine the types of entertainment that qualify as protected speech under the First...

Examining the Due Process Rights of Government Employees in Light of the Public Employee Speech Doctrine examines the case law and rationale underlying the rule that public employment qualifies as property under the Due Process clause. Traditionally, the kind of property entitled to due process...