Articles
Why Nineteenth Century Bans on “Sectarian” Aid Are Facially Unconstitutional: New Evidence on Plain Meaning
Note from the Editor: This article presents original research on the nineteenth century meaning of...
Independent Review of Procurements Is Worth It: There Is No Support for Hamstringing the GAO Bid Protest Process
Note from the Editor: This article criticizes a recent change to the GAO bid protest...
The Problem with the Proliferation of Collateral Consequences
Note from the Editor: This article discusses collateral consequences of criminal convictions and argues that...
The Supreme Court Tackles Patent Reform: Further Reflections on the Oil States Case after Oral Argument Before the Supreme Court
Note from the Editor: This article provides alternative answers to some of the questions posed...
The Supreme Court in Crisis: A Good Read, But No Crisis
A review of: American Justice 2017: The Supreme Court in Crisis, by Kimberly Robinson (University...
Modernizing the Tribal Consultation Process for Wireless Infrastructure Siting
Note from the Editor: This article discusses barriers to establishing wireless infrastructure, particularly with respect...
Privatization: Boon to Efficiency or Slow Motion Revolution?
A review of: Constitutional Coup: Privatization’s Threat to the American Republic, by Jon D. Michaels...
Towards an Administrative Rule of Lenity: Restoring the Constitutional Congress by Reforming Statutory Interpretation
Note from the Editor: In this article, Joel Nolette proposes an “administrative rule of lenity”...
Counting to Two Thirds: How Close Are We to a Convention for Proposing Amendments to the Constitution?
Note from the Editor: This article argues that, in aggregating applications from states to call...
FDA Poised to Spoil a Food Fight, Naturally
Note from the Editor: This article argues that the FDA should define the term “natural”...
Regulating Under the Rule of Law
A review of: How to Regulate: A Guide for Policymakers, by Thomas A. Lambert (Cambridge...
The Founders Interpret the Constitution: The Division of Federal and State Powers
Note from the Editor: This article surveys ratification-era statements by defenders of the proposed Constitution...
Extraterritorial Ambition: State Energy Taxes and the Question of Imported Electricity
Note from the Editor: This article discusses the extraterritoriality doctrine and whether and how it...
Impeachment: The Constitution’s Fiduciary Meaning of “High . . . Misdemeanors”
Note from the Editor: This article explores the meaning of the phrase “high . ....
Why Constitutional Lawyers Need to Know Latin
Note from the Editor: This article discusses the role of the Latin language and other...
Why DoD Should Adopt a Multi-Cloud IT Strategy
Note from the Editor: This article describes how companies approach cloud based services, and it...
Did the Constitution Grant the Federal Government Eminent Domain Power?: Using Eighteenth Century Law to Answer Constitutional Questions
Note from the Editor: This article asks whether the Constitution granted eminent domain power to...
The Supreme Court Tackles Patent Reform: Inter Partes Review Under the AIA Undermines the Structural Protections Offered by Article III Courts
Note from the Editor: This article criticizes Justice Clarence Thomas’ opinion in Oil States. It...
“Advice” in the Constitution’s Advice and Consent Clause: New Evidence from Contemporaneous Sources
Note from the Editor: This article discusses the proper interpretation of the Constitution’s Advice and...
Capital Punishment: A One-Sided Contribution to a Complex Debate
A review of: End of Its Rope: How Killing the Death Penalty Can Revive Criminal Justice, by...
Partisan Gerrymandering and Party Rights: Why Gill v. Whitford Undermines All Future Partisan-Gerrymandering Claims
Note from the Editor: This article discusses the Supreme Court’s opinion in Gill v. Whitford...
The Student Right to Counsel
Note from the Editor: This article argues that a student right to counsel in quasi-criminal...
Minnesota Voters Alliance v. Mansky Strikes Down a Vague Ban on Speech in Polling Places, But Future Bans May Be Upheld
Note from the Editor: This article discusses the Supreme Court’s opinion in Minnesota Voters Alliance...
Can Americans Reconcile Our Constitutional System With an Expansive Administrative State?
A review of: Bureaucracy in America: The Administrative State’s Challenge to Constitutional Government, by Joseph...
Party Like It’s 1935?: Gundy v. United States and the Future of the Non-Delegation Doctrine
Note from the Editor: This article discusses Gundy v. United States, a case involving the...
A Shy Frog, the Administrative State, and Judicial Review of Agency Decision-Making: A Preview of Weyerhaeuser v. United States Fish & Wildlife Service
Note from the Editor: This article previews one of the first cases of the Supreme...
Deference to Agency Rule Interpretations: Problems of Expanding Constitutionally Questionable Authority in the Administrative State
Note from the Editor: This article argues that, while judicial deference to agency decisions is...
The GDPR: What It Really Does and How the U.S. Can Chart a Better Course
Note from the Editor: This article discusses the European Union’s new General Data Protection Rule...
Giving Credit for Shaping the Constitution
A review of: The Lives of the Constitution: Ten Exceptional Minds That Shaped America’s Supreme Law,...
A New Foundation for Property Rights?: A Helpful but Flawed Contribution
A review of: Property and Human Flourishing, by Gregory S. Alexander, https://global.oup.com/academic/product/property-and-human-flourishing-9780190860745?cc=us&lang=en& Note from the Editor: ...
Will We Soon Have Clarity on Navigable Waters?: How the Supreme Court’s October 2017 Term Set the Stage
Note from the Editor: This article discusses the longstanding legal battle over the meaning of...
What Happened to the Public’s Interest in Patent Law?
Note from the Editor: This article discusses the role of the concept of the public...
Federalist Society Review, Volume 19
The Federalist Society Review is the legal journal produced by the Federalist Society’s Practice Groups....