Articles
The 30-Year History of Diluting ERISA’s Fiduciary Duty
Under the Employee Retirement Income Security Act of 1974 (ERISA), fiduciaries have a strict duty...
The Landmark Case Of Shaare Tefila v. Cobb
A review of Annalise E. Glauz-Todrank, Judging Jewish Identity in the United States (Lexington Books 2023)...
What Kind of Money is Best?: An Interesting New Investigation
A review of Lawrence H. White, Better Money: Gold, Fiat, or Bitcoin? (Cambridge University Press...
The Myth of Mass Incarceration Remains Strong—Despite All Evidence to the Contrary
A review of Jeffrey Bellin, Mass Incarceration Nation: How the United States Became Addicted to...
Pushing Pause on Liquified Natural Gas Exports: Can the Department of Energy Halt LNG Exports to Save the Planet?
The Biden-Harris Administration recently interrupted the normal, export-friendly operation of the Natural Gas Act, triggering...
Racial Preferences in Economic Benefits: From Widely Accepted to Legally Indefensible
As the United States began to emerge from its long history of legal segregation and...
Surprise, the Only Constant
A review of Alex Pollock & Howard Adler, Surprised Again! The COVID Crisis and the...
Corner Post and 28 U.S.C. § 2401(a): Not Much to Look At?
This term the U.S. Supreme Court will decide Corner Post, Inc. v. Board of Governors...
Toward a More Confident State Constitutionalism
This article is adapted from a speech Justice Markman delivered to the Florida Annual Education...
Religious Liberty Apologetics
Nick Reaves and Matthew Krauter have written a fine review, in this journal,[1] of my...
The Wisdom of Our Ancestors
A review of Graham James McAleer & Alexander S. Rosenthal-Pubul, The Wisdom of Our Ancestors:...
The Time Is Ripe to Disincorporate the Establishment Clause
The Supreme Court’s 1947 incorporation of the Establishment Clause[1] through the Due Process Clause of...
A Response to the Constitution's Critics
A review of Dennis Hale and Marc Landy, Keeping the Republic: A Defense of American...
Integrity or Interference?: Evaluating the Constitutionality of Georgia's Election Integrity Act
Recent political earthquakes such as the assassination attempt against former president Donald Trump and President...
Declaring Independence to Secure Integrity: The Supreme Court Justices' Code of Conduct
[T]he judiciary is beyond comparison the weakest of the three departments of power; that it...
Racially Discriminatory Corporate Policies: Who's Liable?
Laws banning discrimination have been on the books across America for more than a century...
The Curtain Falls on Chevron: Will the Chevron Two-Step Give Way to a Simpler Loper Bright-Line Rule?
Traditionally, administrative law cases don’t make news. Instead, they make snooze. They can be exciting...
Predistribution, Labor Standards, and Ideological Drift: Why Some Conservatives Are Embracing Labor Unions (and Why They Shouldn't)
Common ground isn’t always a good thing. For example, consider the growing popularity of “predistribution.”...