Articles
Hamlet Without the Prince
A review of The Second Founding: An Introduction to the Fourteenth Amendment, by Ilan Wurman...
Public Contracting Litigation After Croson: Data, Disparities, & Discrimination
What causes racial disparities, and what, if anything, can and should be done to remedy...
Bureaucracy With Bumper Guards: Better Than It Rules?
A review of Law & Leviathan: Redeeming the Administrative State, by Cass Sunstein & Adrian...
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...
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...
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...
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’...
Last Hurrah for the Minimalist Court?
A review of SCOTUS 2020: Major Decisions and Developments of the U.S. Supreme Court, edited...
We Are Free for a Reason
A review of Free to Believe: The Battle Over Religious Liberty in America, by Luke...
Originalism as King
A review of The President Who Would Not Be King: Executive Power under the Constitution,...
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....
If the Framers Despaired, Should We?
A review of Fears of a Setting Sun: The Disillusionment of America’s Founders, by Dennis...
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...
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...
The Race Card in ARPA’s Food Supply Deck
It is an old aphorism that a prudent person should not watch the making of...
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...
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...
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...
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...
Protecting Economic Liberty in the Federal Courts: Theory, Precedent, Practice
The 14th Amendment meaningfully protects economic liberty. While this protection was originally housed in the...
An Extended Essay on Church Autonomy
The doctrine of church autonomy[1] is distinct from the two more familiar lines of cases...
Environmental Law in the Supreme Court: Highlights from the October 2020 Term
The Supreme Court decided nine important environmental law cases during its October 2020 term. This...
An Academic Freedom Exception to Government Control of Employee Speech
Public employee speech cases often arise as Section 1983 actions in which a public employee...
The Gordian Knot of Abortion Jurisprudence
On December 1, the Supreme Court will hear argument in Dobbs v. Jackson Women’s Health...
A Change in Direction for the Federal Trade Commission?
While antitrust and regulation are supposed to be two sides of the same coin,[1] there...
What Happened to Natural Law in American Jurisprudence?
A Review of The Decline of Natural Law: How American Lawyers Once Used Natural Law and...
Federalist Society Review, Volume 22
The Federalist Society Review is the legal journal produced by the Federalist Society for Law & Public...