Articles
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...
Banning America's Rifle: An Assault on the Second Amendment?
The AR-15 rifle has aptly been called “America’s Rifle.” It is the most popular rifle...
Religious Schools, Collective Bargaining, & the Constitutional Legacy of NLRB v. Catholic Bishop
It would be difficult to find a corner of American labor law more anomalous than...
If the Framers Despaired, Should We?
A review of Fears of a Setting Sun: The Disillusionment of America’s Founders, by Dennis...
In the Rush to Reform, Prudence Is Among the Highest Duties: How to Responsibly Reform Cash Bail
Over the last two decades, the politics of American criminal law has made strange bedfellows....
Originalism as King
A review of The President Who Would Not Be King: Executive Power under the Constitution,...
We Are Free for a Reason
A review of Free to Believe: The Battle Over Religious Liberty in America, by Luke...
Last Hurrah for the Minimalist Court?
A review of SCOTUS 2020: Major Decisions and Developments of the U.S. Supreme Court, edited...
Should the Supreme Court Take Note of “Th’ Iliction Returns” Next Time It Addresses Race-Preferential Admissions Policies?
“[N]o matter whether th’ constitution follows th’ flag or not, th’ Supreme Court follows th’...
Empowering the “Honest Broker”: Lessons Learned from the National Security Council Under President Donald J. Trump
On September 18, 2019, Robert O’Brien took over as President Donald J. Trump’s National Security...
How the Founders’ Natural Law Theory Illuminates the Original Meaning of Free Exercise
In Fulton v. City of Philadelphia, the Supreme Court will consider whether Philadelphia’s 2018 policy...
The Establishment Clause: Its Original Public Meaning and What We Can Learn From the Plain Text
Modern times in church-state relations began in 1947 with the Supreme Court’s decision in Everson...
Bureaucracy With Bumper Guards: Better Than It Rules?
A review of Law & Leviathan: Redeeming the Administrative State, by Cass Sunstein & Adrian...
Public Contracting Litigation After Croson: Data, Disparities, & Discrimination
What causes racial disparities, and what, if anything, can and should be done to remedy...