Articles
The False Doctrine of Inherent Sovereign Authority
This essay examines the hypothesis that the federal government and its departments and officials hold...
Religious Liberty Pragmatism
A review of Thomas C. Berg, Religious Liberty in a Polarized Age (Eerdmans 2023) In...
The Labor Law Enigma: Article III, Judicial Power, and the National Labor Relations Board
Axon Enterprises v. FTC[1] wasn’t supposed to be about labor law. In fact, it wasn’t...
Groff v. DeJoy: The Death of the “De Minimis” Test Breathes Life Back into Religious Accommodation
In a unanimous decision last June, the Supreme Court in Groff v. DeJoy heightened the...
The Peculiar Case of the Israeli Legal System
The Israeli legal system often draws a great deal of confused and excited attention from...
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...