Articles
The FCC: Death to the Set-Top Box! Long Live the Set-Top Box...or is it Apps?
Note from the Editor: This article discusses and critiques the FCC’s proposed set-top box rule....
Federalist Society Review, Volume 17, Issue 3
Administrative Law & Regulation Could a New Section 1983 Covering Federal Officials Curb Executive Branch...
Could a New Section 1983 Covering Federal Officials Curb Executive Branch Abuse of Constitutional Rights?
Note from the Editor: This article notes public distrust of the federal government in light...
The Misapplication of eBay v. MercExchange, LLC
Note from the Editor: This article discusses the Supreme Court’s decision in eBay Inc. v....
Intellectual Property and Standard Setting
Note from the Editor: This article discusses the controversial topic of intellectual property in standard...
Full Board Decisions of the National Labor Relations Board: Fiscal Year 2016
Note from the Editor: This article critically reflects on the most recent term of the National...
The Sandbagging Phenomenon: How Governments Lower Eminent Domain Appraisals to Punish Landowners
Note from the Editor: This article discusses a controversial practice known as “sandbagging” in eminent...
A Second Look at the CREATES Act: What’s Not Being Said
Note from the Editor: This article critically discusses the CREATES Act, which is currently pending...
The FCC Forgot Something in Piecing Together Its Complex Proposal for Broadband Privacy Regulation: Consumers
Note from the Editor: This article discusses the FCC’s proposed rules for broadband privacy, and...
Religious Exemptions and Third-Party Harms
Note from the Editor: This article discusses the effect that third-party harms should have on religious...
Final Agency Actions and Judicial Review: United States Army Corps of Engineers v. Hawkes Co.
Note from the Editor: This article discusses the Supreme Court’s recent decision in United States Army...
Book Review: The War on Cops
Note from the Editor: This book review supports the basic contentions of Heather Mac Donald’s...
Finding the Denominator in Regulatory Takings Cases: A Preview of Murr v. Wisconsin
Note from the Editor: This article discusses Murr v. Wisconsin, a regulatory takings case that the...
The Justice Department’s Third-Party Payment Practice, the Antideficiency Act, and Legal Ethics
Note from the Editor: This article argues that the Justice Department’s practice of distributing settlement...
Federalist Society Review, Volume 17, Issue 2
Civil Rights Evenwel v. Abbott: The Court Shanks Its Punt on "One Person, One Vote"...
Book Review: The Intimidation Game
Note from the Editor: This article favorably reviews Kimberley Strassel’s new book about efforts by...
Fisher v. UT–Austin and the Future of Racial Preferences in College Admissions
Note from the Editor: This article discusses the Supreme Court’s recent decision in Fisher v. University...
The Fraudulent Joinder Prevention Act of 2016: A New Standard and a New Rationale for an Old Doctrine
Note from the Editor: This article discusses the doctrine of fraudulent joinder and an ongoing attempt to...