Publications

Net Neutrality Without the FCC?: Why the FTC Can Regulate Broadband Effectively

Roslyn Layton, Tom Struble

Federalist Society Review, Volume 18

Note from the Editor: This article argues that the FTC has jurisdiction over broadband and the...

Christie v. NCAA: Anti-Commandeering or Bust

Jonathan Wood, Ilya Shapiro

Federalist Society Review, Volume 18

Note from the Editor: This article argues that the Supreme Court should find unconstitutional the...

The Supreme Court Tackles Patent Reform: Why the Supreme Court Should End Inter Partes Review in Oil States

Richard A. Epstein

Federalist Society Review, Volume 19

Note from the Editor: This article argues that the Supreme Court should find unconstitutional the...

Cyber, Robotic, and Space Weapons in International Conflict

Vincent Vitkowsky

Federalist Society Review, Volume 18

A review of: Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for...

Forgotten Cases: Worthen v. Thomas and the Contract Clause

David F. Forte

Federalist Society Review, Volume 18

Note from the Editor: This article discusses the history of interpretation of the Contract Clause and...

The Principled Scalia: A Liberal Friend on Scalia’s Liberal Opinions

Stephen B. Presser

Federalist Society Review, Volume 18

A Review of: The Unexpected Scalia: A Conservative Justice’s Liberal Opinions, by David M. Dorsen...

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...