Articles
Toward a More Confident State Constitutionalism
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?
This term the U.S. Supreme Court will decide Corner Post, Inc. v. Board of Governors...
Surprise, the Only Constant
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
As the United States began to emerge from its long history of legal segregation and...
Pushing Pause on Liquified Natural Gas Exports: Can the Department of Energy Halt LNG Exports to Save the Planet?
The Biden-Harris Administration recently interrupted the normal, export-friendly operation of the Natural Gas Act, triggering...
The Myth of Mass Incarceration Remains Strong—Despite All Evidence to the Contrary
A review of Jeffrey Bellin, Mass Incarceration Nation: How the United States Became Addicted to...
What Kind of Money is Best?: An Interesting New Investigation
A review of Lawrence H. White, Better Money: Gold, Fiat, or Bitcoin? (Cambridge University Press...
The Landmark Case Of Shaare Tefila v. Cobb
A review of Annalise E. Glauz-Todrank, Judging Jewish Identity in the United States (Lexington Books 2023)...
The 30-Year History of Diluting ERISA’s Fiduciary Duty
Under the Employee Retirement Income Security Act of 1974 (ERISA), fiduciaries have a strict duty...
Federalist Society Review, Volume 24
PDF The Federalist Society Review is the legal journal of the Federalist Society. The Review is published on the...
Establishing an Agreement to Disagree About Church and State
A review of Nathan Chapman & Michael McConnell, Agreeing to Disagree: How the Establishment Clause...
A Deeper Originalism: From Court-Centered Jurisprudence to Constitutional Self-Government
Originalism has substantially reoriented constitutional discourse since it first reemerged in response to the Warren...
The False Doctrine of Inherent Sovereign Authority
This essay examines the hypothesis that the federal government and its departments and officials hold...
Religious Liberty Pragmatism
A review of Thomas C. Berg, Religious Liberty in a Polarized Age (Eerdmans 2023) In...
The Labor Law Enigma: Article III, Judicial Power, and the National Labor Relations Board
Axon Enterprises v. FTC[1] wasn’t supposed to be about labor law. In fact, it wasn’t...
Groff v. DeJoy: The Death of the “De Minimis” Test Breathes Life Back into Religious Accommodation
In a unanimous decision last June, the Supreme Court in Groff v. DeJoy heightened the...
The Peculiar Case of the Israeli Legal System
The Israeli legal system often draws a great deal of confused and excited attention from...
What Is Conservative Constitutionalism? A Fractured History Reveals an Uncertain Path Forward
A review of Johnathan O’Neill, Conservative Thought and American Constitutionalism Since the New Deal (Johns Hopkins...