The Federalist Society Review is the legal journal produced by the Federalist Society for Law & Public Policy Studies. The Review features excellent scholarship on important legal and public policy issues from some of the best legal minds in the country.
Review articles are published thanks to the hard work of our fifteen Practice Group Executive Committees and authors who volunteer their time and expertise. The Review seeks to contribute to the marketplace of ideas in a way that is collegial, accessible, intelligent, and original. Articles are available at fedsoc.org and through the Westlaw database.
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Table of Contents
The TRAP Act’s Contribution to Preventing Transnational Repression Through Interpol, by Ted R. Bromund, Sandra Grossman
NY v. HHS and the Challenge of Protecting Conscience Rights in Healthcare, by Stephanie Taub
The Mythical McCulloch, by Nelson Lund (reviewing The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. Maryland, by David S. Schwartz)
The Preemption Predicament Over Broadband Internet Access Services, by Lawrence J. Spiwak
To Bear Arms for Self-Defense: A “Right of the People” or a Privilege of the Few? Part 1, by Stephen P. Halbrook
To Bear Arms for Self-Defense: A “Right of the People” or a Privilege of the Few? Part 2, by Stephen P. Halbrook
Is Our Modern Administrative State Unmoored from the Morality of Law?, by Ted Hirt (reviewing The Dubious Morality of Modern Administrative Law, by Richard A. Epstein)
An Imagined Bloc and Other Figments, by Donald A. Daugherty (reviewing American Justice 2019: The Roberts Court Arrives, by Mark Joseph Stern)
The Evolution of Modern Use-of-Force Policies and the Need for Professionalism in Policing, by Arthur Rizer, Emily Mooney
Ensuring Due Process at the Surface Transportation Board, by Lawrence J. Spiwak
Seeking Success: Reforming America’s Community Supervision System, by Arthur Rizer, Brett Tolman
The Resolution of Too Big to Fail, by Wayne A. Abernathy
The Deterioration of Appropriate Remedies in Patent Disputes, by Geoffrey A. Manne, Kristian Stout, Julian Morris, Dirk Auer
After Espinoza, What’s Left of the Establishment Clause?, by Carl H. Esbeck
The Status of Use-Based Exclusions & Educational Choice After Espinoza, by Michael Bindas
The Accidental Defender of the Constitution, by Andrew McCarthy (reviewing Defender in Chief: Donald Trump’s Fight for Presidential Power, by John Yoo)
Can Originalism Constrain the Imperial Presidency?, by Lee J. Strang (reviewing The Living Presidency: An Originalist Argument Against Its Ever-Expanding Powers, by Saikrishna Bangalore Prakash)
Open Questions in Lieu v. Federal Election Commission: Due Process, Adverseness, & Article III Standing, by Sam Gedge, John Gaelen Wrench