Your Money or Your Speech: The Children’s Internet Protection Act and the Congressional Assault on the First Amendment in Public Libraries

Steven D. Hinckley
CIPA is, in fact, one of the most sweeping restrictions on constitutionally protected speech ever invoked by the United States government disingenuously presented as an uncontroversial funding decision. By mandating the use of technology that cannot effectively eliminate obscenity and child pornography without compromising a great deal of protected speech, and by attempting to achieve indirectly content restrictions that the courts have held Congress cannot accomplish through direct statutory proscriptions,…

The Bipartisan Campaign Reform Act, Political Parties, and the First Amendment: Lessons from Missouri

D. Bruce La Pierre
In Shrink Missouri Government PAC v. Nixon (Shrink Missouri) and FEC v. Colorado Republican Federal Campaign Committee (Colorado II), the Supreme Court tipped the First Amendment balance in favor of government regulation and against political speech and association. The Eighth Circuit’s recent decision upholding Missouri limits on campaign contributions made by state political parties to their candidates demonstrates how heavily the scales are weighted in favor of regulation. If protection…

Coase’s Paradox and the Inefficiency of Permanent Strike Replacements

Seth D. Harris
The affinity between the Coase Theorem and the NLRA appears obvious. Both the theorem and the Act acknowledge bargaining as a potentially efficient problem-solving strategy. Both the theorem and the Act set efficiency as a goal. This Article examines this apparent affinity and challenges the idea that the Coase Theorem and the NLRA are compatible.

Judge Harry Edwards: A Case in Point!

Kevin M. Clermont and Theodore Eisenberg
Judge Harry Edwards dislikes empirical work that is not flattering to federal appellate judges. We believe that Judge Edwards, when he commented on our presentation at a recent conference, preserved his batting average. Giving no forewarning and employing an unjudicial tone, he lambasted a single paragraph of our thirty-five page paper, a paragraph to which we had not so much as alluded in our oral presentation. That paragraph just happened…

The Lesson of Enron for the Future of MDPs: Out of the Shadows and into the Sunlight

Burnele V. Powell
There are lessons to be learned from the Enron debacle, at least to the extent that one is seeking insights about the continuing debate over “when”—and not “whether”—multidisciplinary practice (MDP) rules will finally come to the legal profession. In short, I want to remind the profession about what it already knows about this scandal and, most scarily of all, what we do not yet know. Contrary to the kind of…

From Conception Until Birth: Exploring the Maternal Duty to Protect Fetal Health

Moses Cook