
Volume 22
Federalist Society Review, Volume 22
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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 fedsoc.org and through the Westlaw database.
We hope that readers enjoy the articles and come away with new information and fresh insights. Please send us any suggestions and responses at [email protected].
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].