"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...

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...

In response to the public's request to protect children from the ever growing body of pornographic material available on the Internet, the United States Congress has made a number of legislative attempts quot;to shield children from Internet smut.quot; In 2000, Congress changed from a...

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...

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...

This Article addresses the First Amendment status of the one participant in the communications process who is the most vulnerable and least protected in today's media-saturated world - the unwilling recipient of offensive media entertainment speech. The Article argues that for the communicative...

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...

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...