Articles
Principles of State Constitutional Interpretation
State constitutionalism—the practice of state courts deciding cases on independent state constitutional grounds—is a vital...
Against Living Common Goodism
Today I want to discuss a new version of an old debate. In 1985, then-Attorney...
Bargaining Rights Gone Wrong: How State Courts Invented a Constitutional Duty to Bargain and How It Harms Individual Workers
Constitutions often give you the right to do things. They give you the right to...
Gender Identity Policy Under the Biden Administration
On the campaign trail, President Joe Biden said one of his top legislative priorities for...
The Uniform Token Regulation Act: A Proposal for States to Lead on Regulatory Clarity for Digital Tokens
Digital assets have the potential to transform financial services. They alter the status quo by...
Rights Talk in a Post-Liberal Age: Mary Ann Glendon's Enduring Insight Into the American Rights Tradition
Gross human rights violations occur every day, often invisibly to most of us. Media coverage...
TransUnion, Article III, and Expanding the Judicial Role
In 2021’s TransUnion v. Ramirez, the Supreme Court confirmed that Article III standing requires a...
The Original Understanding of the Indian Commerce Clause: An Update
The Congress shall have Power . . . To regulate Commerce with foreign Nations, and...
Revitalizing the Nondelegation Doctrine
A Review of The Administrative State Before the Supreme Court: Perspectives on the Nondelegation Doctrine (Peter...
Chevron—Complicated, Start to Finish
A Review of Thomas W. Merrill, The Chevron Doctrine: Its Rise and Fall, and the...
Bruen’s Preliminary Preservation of the Second Amendment
A well regulated Militia, being necessary to the security of a free State, the right...
The Meaning of "Regulate Commerce" to the Constitution's Ratifiers
I. Previous Scholarship[1] A. Views of “Commerce”: Traditional and “Mega” The Constitution grants Congress power...
Measuring and Evaluating Public Responses to Religious Rights Rulings
The story of Jack Phillips and his cake shop—Masterpiece Cakeshop—is by now familiar. Jack Phillips...
Federalist Society Review, Volume 23
The Federalist Society Review is the legal journal of the Federalist Society. The Review is...