Articles
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...
The War on Independent Work: Why Some Regulators Want to Abolish Independent Contracting, Why They Keep Failing, & Why We Should Declare Peace
There is a war on independent contracting. Martial metaphors are often overworked in the law....
Hispanic-Serving Institutions and Emerging Constitutional Issues
In 2019, Florida Gulf Coast University’s (FGCU) “Florida Educational Equity Report” noted that FGCU “continues...
Is Congress a Salvageable Institution?
A review of Philip A. Wallach, Why Congress (Oxford University Press 2023) Constitutional law...
Textualism in Alabama
Textualism is alive and well in Alabama. This interpretive doctrine teaches that legal texts have...
Originalism Carries On
A review of Erwin Chemerinsky, A Momentous Year in the Supreme Court: October Term 2021...
Text-and-History or Means-End Scrutiny? A Response to Professor Nelson Lund's Critique of Bruen
Professor Nelson Lund’s “Bruen’s Preliminary Preservation of the Second Amendment,” recently published in the Federalist...
Remedying Criminal Trial Errors: Retrial or Acquittal in Smith v. United States?
The best-known rule of criminal procedure is that the government may not deprive someone of...
A Cord of Three Strands: How Kennedy v. Bremerton School District Changed Free Exercise, Establishment, and Free Speech Clause Doctrine
In 2015, Bremerton High School football coach Joseph Kennedy lost his job for kneeling at...
Federalist Society Review, Volume 23
The Federalist Society Review is the legal journal of the Federalist Society. The Review is...
Measuring and Evaluating Public Responses to Religious Rights Rulings
The story of Jack Phillips and his cake shop—Masterpiece Cakeshop—is by now familiar. Jack Phillips...
The Meaning of "Regulate Commerce" to the Constitution's Ratifiers
I. Previous Scholarship[1] A. Views of “Commerce”: Traditional and “Mega” The Constitution grants Congress power...
Bruen’s Preliminary Preservation of the Second Amendment
A well regulated Militia, being necessary to the security of a free State, the right...
Chevron—Complicated, Start to Finish
A Review of Thomas W. Merrill, The Chevron Doctrine: Its Rise and Fall, and the...
Revitalizing the Nondelegation Doctrine
A Review of The Administrative State Before the Supreme Court: Perspectives on the Nondelegation Doctrine (Peter...
The Original Understanding of the Indian Commerce Clause: An Update
The Congress shall have Power . . . To regulate Commerce with foreign Nations, and...
TransUnion, Article III, and Expanding the Judicial Role
In 2021’s TransUnion v. Ramirez, the Supreme Court confirmed that Article III standing requires a...
Rights Talk in a Post-Liberal Age: Mary Ann Glendon's Enduring Insight Into the American Rights Tradition
Gross human rights violations occur every day, often invisibly to most of us. Media coverage...