Recent Articles

Zivotofsky v. Clinton: The Little Case that Raises Big Constitutional Questions

E.L. Lipman
December 19, 2011 18:22

Early in November, Solicitor General Donald B. Verrilli, Jr., the Justice Department’s top lawyer, made a very consequential speech about foreign policy and the separation of powers.  It also is a speech that nearly no one has ever heard. Verrilli made his remarks during an argument...

The Land Use Case that Every Minnesota Rule Writer Should Read

E.L. Lipman
April 12, 2010 14:56

On Thursday, the Minnesota Supreme Court issued an interesting and important opinion that the rulemaking community is certain to be thinking about, reading and discussing for weeks to come.The opinion arises out of a challenge to the Department of Natual Resources' refusal to certify a local...

Moving Toward the Right Procurement Agenda – For Congress and For Us

E.L. Lipman
March 24, 2010 03:35

Steven L. Schooner, Associate Professor of Law and Co-Director of the Government Procurement Law Program at George Washington University, recently posted to the Social Science Research Network a chapter from a forthcoming book: “Framing a Public Management Research Agenda.”For those who are...

A Few Moments With Harvey Mackay, The Indispensable Man

E.L. Lipman
February 27, 2010 23:52

Yesterday, I took a few moments out of a busy day to attend a book-signing. The event centered on the release of Harvey Mackay’s latest title, Use Your Head to Get Your Foot in the Door.  As many people who know me well – and frankly, even many of those who don’t know me particularly...

Not Just Narrowly Tailored, But Gently Tailored As Well

E.L. Lipman
January 23, 2010 18:44

While one could no doubt run an entire constitutional law seminar on the features that are found in yesterday’s 183-page opinion, Citizens United v. Federal Elections Commission, I was drawn to one part in particular – the majority’s contention that bureaucratic red tape can stifle political speech...

OAH Releases its "Video Guide to Hearings" to Aid Unrepresented Parties

E.L. Lipman
January 21, 2010 00:04

The Minnesota Office of Administrative Hearings, in partnership with Senate Media Services, developed this 8-minute video as an aid to persons with contested cases who appear on their own behalf, without an attorney.The video guide is meant as a supplement to OAH's Contested Case Hearing Guide;...

Digital Remedies for Counsel with Colds

E.L. Lipman
January 20, 2010 13:38

Since the temperatures plummeted to well below zero a few weeks ago, I have struggled against a cold that I have not been able to shake. I am down; then I rally for a few days; and then I am down again. Up and down. Up and down. It has been awful.During the down phases of this winter...

Oral Argument in U.S. v. Comstock Has Echos of M'Culloch v. Maryland

E.L. Lipman
January 18, 2010 20:32

Last Tuesday, the Supreme Court of the United States heard oral argument in the case of U.S. v. Graydon Earl Comstock, Jr. In Comstock, the court considers whether Congress has the authority to enact a statute providing for the indefinite civil commitment of "sexually dangerous persons” who are in...

Heat and Light in Saint Paul this Winter

E.L. Lipman
December 22, 2009 02:32

On Wednesday of this past week, a panel of the U.S. Court of Appeals for the Eighth Circuit heard oral argument in the case of Wersal v. Sexton.As readers of these pages will recall, in February of this year, Judge Ann H. Montgomery of the U.S. District Court for the District of Minnesota, turned...

Twenty Years Ago – A Great Miracle Happened Here

E.L. Lipman
December 12, 2009 00:06

When I was in Israel in April, I set out to find and purchase some Israeli dreidels. As readers of these pages may know, dreidels in the United States (and other places outside of Israel) are different from the ones that are found in Israel.In the United States, the Hebrew letters that adorn the...