Articles
The Founders Interpret the Constitution: The Division of Federal and State Powers
Note from the Editor: This article surveys ratification-era statements by defenders of the proposed Constitution...
Regulating Under the Rule of Law
A review of: How to Regulate: A Guide for Policymakers, by Thomas A. Lambert (Cambridge...
FDA Poised to Spoil a Food Fight, Naturally
Note from the Editor: This article argues that the FDA should define the term “natural”...
Counting to Two Thirds: How Close Are We to a Convention for Proposing Amendments to the Constitution?
Note from the Editor: This article argues that, in aggregating applications from states to call...
Towards an Administrative Rule of Lenity: Restoring the Constitutional Congress by Reforming Statutory Interpretation
Note from the Editor: In this article, Joel Nolette proposes an “administrative rule of lenity”...
Privatization: Boon to Efficiency or Slow Motion Revolution?
A review of: Constitutional Coup: Privatization’s Threat to the American Republic, by Jon D. Michaels...
Modernizing the Tribal Consultation Process for Wireless Infrastructure Siting
Note from the Editor: This article discusses barriers to establishing wireless infrastructure, particularly with respect...
The Supreme Court in Crisis: A Good Read, But No Crisis
A review of: American Justice 2017: The Supreme Court in Crisis, by Kimberly Robinson (University...
The Supreme Court Tackles Patent Reform: Further Reflections on the Oil States Case after Oral Argument Before the Supreme Court
Note from the Editor: This article provides alternative answers to some of the questions posed...
The Problem with the Proliferation of Collateral Consequences
Note from the Editor: This article discusses collateral consequences of criminal convictions and argues that...
Independent Review of Procurements Is Worth It: There Is No Support for Hamstringing the GAO Bid Protest Process
Note from the Editor: This article criticizes a recent change to the GAO bid protest...
Why Nineteenth Century Bans on “Sectarian” Aid Are Facially Unconstitutional: New Evidence on Plain Meaning
Note from the Editor: This article presents original research on the nineteenth century meaning of...
Federalist Society Review, Volume 18
Administrative Law & Regulation The Risks of Regulating in the Dark, by Sofie Miller Gloucester...
Net Neutrality Without the FCC?: Why the FTC Can Regulate Broadband Effectively
Note from the Editor: This article argues that the FTC has jurisdiction over broadband and the...
Christie v. NCAA: Anti-Commandeering or Bust
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
Note from the Editor: This article argues that the Supreme Court should find unconstitutional the...
Cyber, Robotic, and Space Weapons in International Conflict
A review of: Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for...
Forgotten Cases: Worthen v. Thomas and the Contract Clause
Note from the Editor: This article discusses the history of interpretation of the Contract Clause and...