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...

The Tulsa Race Massacre was and remains a dark and tragic disgrace for Oklahoma and the entire United States. Black citizens were killed, thousands were left homeless, and 35 blocks of the wealthy community known as Black Wall Street were burned to the ground during the attack. The accumulation...

Legislative drafting mistakes can upset statutory schemes. The Affordable Care Act was nearly undone by such mistakes. The recent Tax Cuts and Jobs Act is rife with them. Traditional legal scholarship has examined whether courts should help resolve Congress's mistakes. But courts have remained...

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...

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 aim of this chapter is to evaluate the importance of the environment in Central and Eastern Europe Countries (CEE) in the general context of current social, economic and political reforms since the early 1990s and, more precisely, to examine the extent to which these emerging democracies...

The International Trade Commission (ITC) has power under Section 337 of the Tariff Act to investigate goods that are being imported unfairly and are affecting a domestic industry. One type of unfair import is a good that violates U.S. intellectual property rights, including patents. Section 337...