Articles
Disparate-Impact Liability: Unfounded, Unconstitutional, & Not Long For This World
For more than fifty years—ever since the Supreme Court decided Griggs v. Duke Power Co.[1]—almost...
The Supreme Court's 2023 Term: Return to Original Meaning or a Dangerous "Paradigm Shift"?
Each Supreme Court term over the past several years seems to produce more momentous decisions...
The Corruption of Law Schools and the Health of Our Democracy
A review of Ilya Shapiro, Lawless: The Miseducation of America’s Elites (2025) The legal scholar...
The Past Is Not a Foreign Country: How a Historical Critique of Originalism Misses That the Past Is Prologue
A review of Jonathan Gienapp, Against Constitutional Originalism: A Historical Critique (2024) This review is...
Applying the Founders' Originalism
The 1787 Federal Convention drafted, and the ratifiers approved, the United States Constitution under the...
The Widening Effect of Students for Fair Admissions
Sitting at the top of the judicial pyramid, the Supreme Court makes only a few...
Are the Credibility Findings of National Labor Relations Board Administrative Law Judges Credible?
The Administrative Procedure Act directs federal courts to review and to set aside final agency...
Federalist Society Review, Volume 25
The Federalist Society Review is the legal journal of the Federalist Society. The Review is...
2024 Civil Justice Update
This paper reviews key civil justice issues and changes in 2024. Part I discusses legal reform...
What Will Settle Dobbs?
A review of Roe v. Dobbs: The Past, Present, and Future of a Constitutional Right...
The Twin Commands: Streamlining Equality Litigation Based on Students for Fair Admissions
Each year, government contracting programs dole out tens of billions of dollars to businesses that...
Predistribution, Labor Standards, and Ideological Drift: Why Some Conservatives Are Embracing Labor Unions (and Why They Shouldn't)
Common ground isn’t always a good thing. For example, consider the growing popularity of “predistribution.”...
The Curtain Falls on Chevron: Will the Chevron Two-Step Give Way to a Simpler Loper Bright-Line Rule?
Traditionally, administrative law cases don’t make news. Instead, they make snooze. They can be exciting...
Racially Discriminatory Corporate Policies: Who's Liable?
Laws banning discrimination have been on the books across America for more than a century...
Declaring Independence to Secure Integrity: The Supreme Court Justices' Code of Conduct
[T]he judiciary is beyond comparison the weakest of the three departments of power; that it...
Integrity or Interference?: Evaluating the Constitutionality of Georgia's Election Integrity Act
Recent political earthquakes such as the assassination attempt against former president Donald Trump and President...
A Response to the Constitution's Critics
A review of Dennis Hale and Marc Landy, Keeping the Republic: A Defense of American...
The Time Is Ripe to Disincorporate the Establishment Clause
The Supreme Court’s 1947 incorporation of the Establishment Clause[1] through the Due Process Clause of...