Articles
The Principled Scalia: A Liberal Friend on Scalia’s Liberal Opinions
A Review of: The Unexpected Scalia: A Conservative Justice’s Liberal Opinions, by David M. Dorsen...
Federal Special Education Law and State School Choice Programs
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
Note from the Editor: This article discusses the concept of mens rea, argues that too...
How to Regulate the Internet
Note from the Editor: This article traces the history of the FCC’s approach to regulating...
Luis v. United States: The Distinction That Makes All the Difference
Note from the Editor: This article discusses the Supreme Court’s 2016 decision in Luis v. United...
Bottleneckers: The Origins of Occupational Licensing and What Can Be Done About Its Excesses
Note from the Editor: This article critically discusses economic regulation in general and occupational licensing in...
Beyond the Red-Blue Divide: An Overview of Current Trends in State Non-Compete Law
Introduction Covenants not to compete (“non-competes”)[1] have a long history dating back to the medieval...
A Modest Proposal for the Reduction of the Size of the Federal Judiciary by Two-Thirds
Note from the Editor: This is the first article in a new Commentary section in...
The Decades of Our Discontent: Judge J. Harvie Wilkinson III Reflects on the Sixties and Today
A Review of: All Falling Faiths: Reflections on the Promise & Failure of the 1960s,...
New Applications of Section 2 of the Voting Rights Act to Vote Denial Cases
Note from the Editor: This article discusses recent federal appellate court decisions with respect to...
When a Pastor’s House Is a Church Home: Why the Parsonage Allowance Is Desirable Under the Establishment Clause
Note from the Editor: This article discusses the parsonage allowance, whereby the value of a...
Gloucester County School Board v. G.G.: Judicial Overdeference Is Still a Massive Problem
Note from the Editor: This article discusses Auer deference, a central issue in Gloucester County...
Professionals, Amateurs, and Rape: How Colleges Are Failing Their Students
A Review of: The Campus Rape Frenzy: The Attack on Due Process at America’s Universities,...
Lions Under the Bureaucracy: Defending Judicial Deference to the Administrative State
A Review of: Law’s Abnegation: From Law’s Empire to the Administrative State, by Adrian Vermeule ...
Presidential Nominees and Foreign Influence: Mitigating National Security Risks
Note from the Editor: This article describes the procedures involved in determining whether to grant...
The Risks of Regulating in the Dark
Note from the Editor: This article argues that regulations passed in the final weeks of...
Blaine Amendments and the Unconstitutionality of Excluding Religious Options From School Choice Programs
Note from the Editor: This article discusses the school choice movement and how Blaine Amendments...
Helping Americans to Speak Freely
Note from the Editor: This article discusses different types of state anti-SLAPP laws and argues that...