The Federalist Society Review is the legal journal produced by the Federalist Society for Law & Public Policy Studies. The Review features excellent scholarship on important legal and public policy issues from some of the best legal minds in the country. 

Review articles are published thanks to the hard work of our fifteen Practice Group Executive Committees and authors who volunteer their time and expertise. The Review seeks to contribute to the marketplace of ideas in a way that is collegial, accessible, intelligent, and original. Articles are available at and through the Westlaw database. 

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Table of Contents

Hamlet Without the Prince, by Kurt T. Lash

Public Contracting Litigation After Croson: Data, Disparities, & Discrimination, by George R. La Noue

Bureaucracy With Bumper Guards: Better Than It Rules? by Ronald A. Cass

The Establishment Clause: Its Original Public Meaning and What We Can Learn From the Plain Text, by Carl. H. Esbeck

How the Founders’ Natural Law Theory Illuminates the Original Meaning of Free Exercise, by Kody Cooper

Empowering the "Honest Broker": Lessons Learned From the National Security Council Under President Donald J. Trump, by Eli Nachmany

Should the Supreme Court Take Note of “Th’ Iliction Returns” Next Time It Addresses Race-Preferential Admissions? by Gail L. Heriot, Alexander Heideman

Last Hurrah for the Minimalist Court? by Donald A. Daughtery

Negative Legislation, by Roberto J. Borgert

We Are Free for a Reason, by David Forte

Originalism as King, by John Yoo

Which Right Are We Mediating? by Anthony Sanders

In the Rush to Reform, Prudence Is Among the Highest Duties: How to Responsibly Reform Cash Bail, by Craig W. Trainor

If the Framers Despaired, Should We? by Stephen B. Presser

Religious Schools, Collective Bargaining, & the Constitutional Legacy of NLRB v. Catholic Bishop, by Alexander MacDonald

Banning America's Rifle: An Assault on the Second Amendment?, by Stephen P. Halbrook

The Race Card in ARPA’s Food Supply Deck, by George R. La Noue

There Is No Conservative Case for Class Actions, by William P. Barnette

Learning to Change: New Takes on Education Reform, by Kirby West

Should the “Hollow Core” of Constitutional Theory Be Filled With the Framers’ Intentions? by Stephen B. Presser

The End of Independent Agencies?: Restoring Presidential Control of the Executive Branch, by Andrew M. Grossman, Sean Sandoloski

Mistaken Heritage: How a Statutory Misreading Has Denied Congress’ Intended Beneficiaries for Half a Century, by Dan Morenoff

Protecting Economic Liberty in the Federal Courts: Theory, Precedent, & Practice, by Adam F. Griffin

An Extended Essay on Church Autonomy, by Carl H. Esbeck

Environmental Law in the Supreme Court: Highlights from the October 2020 Term, by Garrett S. Kral

An Academic Freedom Exception to Government Control of Employee Speech, by Nick Cordova

The Gordian Knot of Abortion Jurisprudence, by Philip D. Williamson

A Change in Direction for the Federal Trade Commission?, by Lawrence J. Spiwak

What Happened to Natural Law in American Jurisprudence? by Kody Cooper 

Note from the Editor: The Federalist Society takes no positions on particular legal and public policy matters. Any expressions of opinion are those of the author. We welcome responses to the views presented here. To join the debate, please email us at [email protected].