Articles
A Cord of Three Strands: How Kennedy v. Bremerton School District Changed Free Exercise, Establishment, and Free Speech Clause Doctrine
In 2015, Bremerton High School football coach Joseph Kennedy lost his job for kneeling at...
Remedying Criminal Trial Errors: Retrial or Acquittal in Smith v. United States?
The best-known rule of criminal procedure is that the government may not deprive someone of...
Text-and-History or Means-End Scrutiny? A Response to Professor Nelson Lund's Critique of Bruen
Professor Nelson Lund’s “Bruen’s Preliminary Preservation of the Second Amendment,” recently published in the Federalist...
Originalism Carries On
A review of Erwin Chemerinsky, A Momentous Year in the Supreme Court: October Term 2021...
Textualism in Alabama
Textualism is alive and well in Alabama. This interpretive doctrine teaches that legal texts have...
Is Congress a Salvageable Institution?
A review of Philip A. Wallach, Why Congress (Oxford University Press 2023) Constitutional law...
Hispanic-Serving Institutions and Emerging Constitutional Issues
In 2019, Florida Gulf Coast University’s (FGCU) “Florida Educational Equity Report” noted that FGCU “continues...
The War on Independent Work: Why Some Regulators Want to Abolish Independent Contracting, Why They Keep Failing, & Why We Should Declare Peace
There is a war on independent contracting. Martial metaphors are often overworked in the law....
What Is Conservative Constitutionalism? A Fractured History Reveals an Uncertain Path Forward
A review of Johnathan O’Neill, Conservative Thought and American Constitutionalism Since the New Deal (Johns Hopkins...
The Peculiar Case of the Israeli Legal System
The Israeli legal system often draws a great deal of confused and excited attention from...
Groff v. DeJoy: The Death of the “De Minimis” Test Breathes Life Back into Religious Accommodation
In a unanimous decision last June, the Supreme Court in Groff v. DeJoy heightened the...
The Labor Law Enigma: Article III, Judicial Power, and the National Labor Relations Board
Axon Enterprises v. FTC[1] wasn’t supposed to be about labor law. In fact, it wasn’t...
Religious Liberty Pragmatism
A review of Thomas C. Berg, Religious Liberty in a Polarized Age (Eerdmans 2023) In...
The False Doctrine of Inherent Sovereign Authority
This essay examines the hypothesis that the federal government and its departments and officials hold...
A Deeper Originalism: From Court-Centered Jurisprudence to Constitutional Self-Government
Originalism has substantially reoriented constitutional discourse since it first reemerged in response to the Warren...
Establishing an Agreement to Disagree About Church and State
A review of Nathan Chapman & Michael McConnell, Agreeing to Disagree: How the Establishment Clause...
Federalist Society Review, Volume 24
PDF The Federalist Society Review is the legal journal of the Federalist Society. The Review is published on the...