Articles
The Uniform Token Regulation Act: A Proposal for States to Lead on Regulatory Clarity for Digital Tokens
Digital assets have the potential to transform financial services. They alter the status quo by...
Gender Identity Policy Under the Biden Administration
On the campaign trail, President Joe Biden said one of his top legislative priorities for...
Bargaining Rights Gone Wrong: How State Courts Invented a Constitutional Duty to Bargain and How It Harms Individual Workers
Constitutions often give you the right to do things. They give you the right to...
Against Living Common Goodism
Today I want to discuss a new version of an old debate. In 1985, then-Attorney...
Principles of State Constitutional Interpretation
State constitutionalism—the practice of state courts deciding cases on independent state constitutional grounds—is a vital...
Federalist Society Review, Volume 22
The Federalist Society Review is the legal journal produced by the Federalist Society for Law & Public...
What Happened to Natural Law in American Jurisprudence?
A Review of The Decline of Natural Law: How American Lawyers Once Used Natural Law and...
A Change in Direction for the Federal Trade Commission?
While antitrust and regulation are supposed to be two sides of the same coin,[1] there...
The Gordian Knot of Abortion Jurisprudence
On December 1, the Supreme Court will hear argument in Dobbs v. Jackson Women’s Health...
An Academic Freedom Exception to Government Control of Employee Speech
Public employee speech cases often arise as Section 1983 actions in which a public employee...
Environmental Law in the Supreme Court: Highlights from the October 2020 Term
The Supreme Court decided nine important environmental law cases during its October 2020 term. This...
An Extended Essay on Church Autonomy
The doctrine of church autonomy[1] is distinct from the two more familiar lines of cases...
Protecting Economic Liberty in the Federal Courts: Theory, Precedent, Practice
The 14th Amendment meaningfully protects economic liberty. While this protection was originally housed in the...
Mistaken Heritage: How a Statutory Misreading Has Denied Congress’ Intended Beneficiaries Protection for Half a Century
When the Voting Rights Act (VRA) came up for renewal of its pre-clearance mechanism for...
The End of Independent Agencies? Restoring Presidential Control of the Executive Branch
On the day that President Joe Biden took office, among his first official acts was...
Should the “Hollow Core” of Constitutional Theory Be Filled with the Framers’ Intentions?
A Review of The Hollow Core of Constitutional Theory: Why We Need the Framers, by...
There Is No Conservative Case for Class Actions
A review of The Conservative Case for Class Actions, by Brian T. Fitzpatrick (Chicago), https://press.uchicago.edu/ucp/books/book/chicago/C/bo43233299.html (Read...
The Race Card in ARPA’s Food Supply Deck
It is an old aphorism that a prudent person should not watch the making of...