Publications

2016 Civil Justice Update

Andrew C. Cook

White Paper

States continued to enact meaningful civil liability reforms throughout 2016. Part I of this paper...

The Federalist Paper, Summer 2017

The Federalist Society has been bringing you expert commentary on and analysis of the just-concluded...

Federal Special Education Law and State School Choice Programs

Tim Keller, Nat Malkus

Federalist Society Review, Volume 18

Note from the Editor: In this article, Nat Malkus and Tim Keller outline the federal...

Morally Innocent, Legally Guilty: The Case for Mens Rea Reform

John G. Malcolm

Federalist Society Review, Volume 18

Note from the Editor: This article discusses the concept of mens rea, argues that too...

How to Regulate the Internet

Kathleen Q. Abernathy

Federalist Society Review, Volume 18

Note from the Editor: This article traces the history of the FCC’s approach to regulating...

Luis v. United States: The Distinction That Makes All the Difference

Dean A. Mazzone

Federalist Society Review, Volume 18

Note from the Editor: This article discusses the Supreme Court’s 2016 decision in Luis v. United...

Bottleneckers: The Origins of Occupational Licensing and What Can Be Done About Its Excesses

Dick M. Carpenter

Federalist Society Review, Volume 18

Note from the Editor: This article critically discusses economic regulation in general and occupational licensing in...

Beyond the Red-Blue Divide: An Overview of Current Trends in State Non-Compete Law

J Grisham

Federalist Society Review, Volume 18

Introduction Covenants not to compete (“non-competes”)[1] have a long history dating back to the medieval...

The Wealth of Congress

Jonathan Klick

Professor Jonathan Klick’s paper is an empirical inquiry into the impact of congressional service on...

The Place of Congress in the Constitutional Order

Keith E. Whittington

Professor Keith Whittington argues in favor of the centrality of Congress in the American constitutional...