Articles
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...
The Wisdom of Our Ancestors
A review of Graham James McAleer & Alexander S. Rosenthal-Pubul, The Wisdom of Our Ancestors:...
Religious Liberty Apologetics
Nick Reaves and Matthew Krauter have written a fine review, in this journal,[1] of my...
Toward a More Confident State Constitutionalism
This article is adapted from a speech Justice Markman delivered to the Florida Annual Education...
Corner Post and 28 U.S.C. § 2401(a): Not Much to Look At?
This term the U.S. Supreme Court will decide Corner Post, Inc. v. Board of Governors...
Surprise, the Only Constant
A review of Alex Pollock & Howard Adler, Surprised Again! The COVID Crisis and the...
Racial Preferences in Economic Benefits: From Widely Accepted to Legally Indefensible
As the United States began to emerge from its long history of legal segregation and...
Pushing Pause on Liquified Natural Gas Exports: Can the Department of Energy Halt LNG Exports to Save the Planet?
The Biden-Harris Administration recently interrupted the normal, export-friendly operation of the Natural Gas Act, triggering...
The Myth of Mass Incarceration Remains Strong—Despite All Evidence to the Contrary
A review of Jeffrey Bellin, Mass Incarceration Nation: How the United States Became Addicted to...
What Kind of Money is Best?: An Interesting New Investigation
A review of Lawrence H. White, Better Money: Gold, Fiat, or Bitcoin? (Cambridge University Press...
The Landmark Case Of Shaare Tefila v. Cobb
A review of Annalise E. Glauz-Todrank, Judging Jewish Identity in the United States (Lexington Books 2023)...
The 30-Year History of Diluting ERISA’s Fiduciary Duty
Under the Employee Retirement Income Security Act of 1974 (ERISA), fiduciaries have a strict duty...
Federalist Society Review, Volume 24
PDF The Federalist Society Review is the legal journal of the Federalist Society. The Review is published on the...
Establishing an Agreement to Disagree About Church and State
A review of Nathan Chapman & Michael McConnell, Agreeing to Disagree: How the Establishment Clause...
A Deeper Originalism: From Court-Centered Jurisprudence to Constitutional Self-Government
Originalism has substantially reoriented constitutional discourse since it first reemerged in response to the Warren...