Publications

Religious Liberty Apologetics

Thomas C. Berg

Federalist Society Review, Volume 25

Nick Reaves and Matthew Krauter have written a fine review, in this journal,[1] of my...

Toward a More Confident State Constitutionalism

Stephen J. Markman

Federalist Society Review, Volume 25

This article is adapted from a speech Justice Markman delivered to the Florida Annual Education...

Corner Post and 28 U.S.C. § 2401(a): Not Much to Look At?

Michael J. Showalter

Federalist Society Review, Volume 25

This term the U.S. Supreme Court will decide Corner Post, Inc. v. Board of Governors...

The Supreme Court of Texas Addresses Exception to State Anti-Abortion Law

Sydney Dominguez Madigan

In the wake of the U.S. Supreme Court’s 2022 reversal of Roe v. Wade,[1] the...

Indiana Supreme Court Recognizes State Constitutional Right to a Jury in Civil Forfeiture Actions

Adam Steinhilber

In State v. $2,435 in U.S. Currency, the Indiana Supreme Court unanimously held that Article...

Surprise, the Only Constant

Julius L. Loeser

Federalist Society Review, Volume 25

A review of Alex Pollock & Howard Adler, Surprised Again! The COVID Crisis and the...

Racial Preferences in Economic Benefits: From Widely Accepted to Legally Indefensible

George R. La Noue

Federalist Society Review, Volume 25

As the United States began to emerge from its long history of legal segregation and...

Reverse Keyword Search Warrant Upheld at Colorado Supreme Court

Brent Skorup

A house fire in August 2020 in Denver killed a Senegalese family—three adults, a toddler,...

Federal Law and State Common Law Preemption Questions at the Texas Supreme Court

Seth Lucas

Courts are divided on whether federal regulations of rail carriers preempt state common law negligence...

Massachusetts Supreme Judicial Court Sides with Government in Nondelegation Case

Eli Nachmany

  In Robinhood Financial LLC v. Secretary of Commonwealth, the Massachusetts Supreme Judicial Court sided...