New Federal Initiatives Project

Through the New Federal Initiatives Project (NFIP) of the Practice Groups, the Federalist Society is monitoring and analyzing some significant proposals of the new Congress and administration, with an eye toward their constitutional and legal implications. The Federalist Society hopes this project will continue to foster debate on these and other important issues. For briefing papers on such proposals, choose any of the recently posted papers below or select from any of the categories or the index on the left hand side of this page.

 

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Index of Papers 2009-2012

• Key Provisions of the Regulatory Accountability Act by Daren Bakst - posted January 26, 2012
• The "Startup Expansion and Investment Act," HR 2941 by Alex J. Pollock - posted November 3, 2011 
• Sanctions, Transnational Organized Crime by Adam R. Pearlman - posted October 3, 2011
• Federal Agencies Propose Rules on Incentive-Based Compensation at Financial Institutions by Matthew Furman - posted August 9, 2011
• Executive Order 13502: Use of Project Labor Agreements for Federal Construction Projects by William L. Messenger - posted July 22, 2011
• An Analysis of the National Defense Authorization Bill by Benjamin Wittes - posted June 21, 2011
• The NLRB vs. Boeing: Can Unionized Employers Expand into Right to Work States? by Glenn M. Taubman - posted May 26, 2011
• NRC Delays Judicial Review of the Yucca Project Termination by C.J. Milmoe - posted March 8, 2011
• Will the Obama Administration Re-Interpret Federal Law Re: Religious Discrimination When Awarding Federal Grants? by Derek L. Gaubatz - posted February 11, 2011
• The Regulations from the Executive In Need of Scrutiny (REINS) Act by Jonathan H. Adler - posted January 14, 2011
• The Use of Drones and Targeted Killing in Counterterrorism by Michael W. Lewis and Vincent Vitkowsky - posted December 13, 2010
• Criminal Provisions in the Dodd-Frank Wall Street Reform & Consumer Protection Act by Tiffany M. Joslyn - posted December 10, 2010
• The Federal Government Responds to Arizona’s Enforcement of Federal Immigration Law by Margaret D. Stock - posted October 5, 2010
• Abortion and Military Facilities: The Effect of the Burris Amendment in the Department of Defense Authorization Bill by William L. Saunders - posted September 17, 2010
• Federal Cybersecurity Programs by Adam R. Pearlman - posted August 12, 2010
• Title IX by Alison Schmauch - posted August 5, 2010
• Race, Sex, and the Dodd-Frank Financial Regulation Bill by Roger Clegg
• American Power Act: Senators Kerry and Lieberman Release "Discussion Draft" of New Climate Change Bill by Alec D. Rogers and Jeffrey H. Wood - posted July 8, 2010
• Criminal Provision in the Cap and Trade Bill by Joseph Ditkoff - posted July 8, 2010
• Expanding FTC’s Rulemaking and Enforcement Authority by Joshua D. Wright - posted May 26, 2010
• Does the Establishment Clause Require Broad Restrictions on Religious Expression As Recommended By President Obama’s Faith-Based Advisory Council? by Stuart J. Lark - posted May 20, 2010
• Embryonic Stem Cell Research by O. Carter Snead - posted May 19, 2010
• Update: Overview of the White House Office on Faith-Based and Neighborhood Partnerships and the Council on Faith-Based and Neighborhood Partnerships by Rebecca Dummermuth - posted May 10, 2010
• DISCLOSE Act – The Legislative “Fix” to Citizens United by Allison R. Hayward - posted May 10, 2010
• Health Care Reform: Implications for the Intellectual Property Community by David L. Applegate and Arthur Gollwitzer III - posted May 5, 2010
• National Interest Rate Ceiling on Credit Cards by Todd J. Zywicki and Jeffrey Frank - posted April 29, 2010
• EPA’s Endangerment Rule by Jeffrey Bossert Clark - posted April 26, 2010
• Financial Reform – The Senate Version by John Shu - posted April 23, 2010
• U.S. Sentencing Commission Holds Public Hearing on Proposed Amendments to the Organizational Guidelines by Michael H. Huneke - posted April 15, 2010
• Regulation of Payment Card Interchange Fees by Todd J. Zywicki and Jeffrey Frank - posted April 6, 2010
• President Obama Proposes Size and Activities Limits for Financial Institutions by John L. Douglas - posted March 29, 010
• The Second “Helping Families Save Their Homes Act” by Todd J. Zywicki and Jeffrey Frank - posted March 24, 2010
• The Employment Non-Discrimination Act by Steven H. Aden - posted March 23, 2010
• SEC Adopts Curb on Short Sales by Julius L. Loeser - posted March 22, 2010
• H.R. 3335:  “The Democracy Restoration Act” by Roger Clegg - posted March 22, 2010
• The Proposal to Establish a U.S. Commission on Civil and Human Rights by Kenneth L. Marcus - posted March 19, 2010
• Comparison of Conscience Provisions in Health Care Reform Bill by William L. Saunders - posted March 18, 2010
• Reconciliation and Health Care by Martin Gold - posted March 10, 2010
• Fair Elections Now Act by William Maurer and Dominic Draye - posted January 19, 2010
• What are Americans Getting from the GIVE Act? by Robert Luther III - posted January 12, 2010
• The Paperwork Reduction Act by Susan E. Dudley - posted January 11, 2010
• Proposed Reinstatement of the “Uptick Rule” by Julius L. “Jerry” Loeser - posted November 9, 2009
• Resolution Authority over Systemically Important Financial Companies by John L. Douglas - posted September 25, 2009
• Reauthorization of the USA PATRIOT Act by Rachel Brand - posted September 24, 2009
• Executive Compensation by J.W. Verret - posted September 22, 2009
• Cap and Trade: Implications for the Housing Industry by Timothy Harris and Benjamin Ingram - posted September 18, 2009
• FERA – 2009 – Brings U.S. Broad New Government Enforcement Powers by Michael J. Madigan, Lauren B. Muldoon, and Jane Beall - posted September 14, 2009
• Mountaintop Coal Mining: A Permitting Process In Flux by Lee Rudofsky - posted September 11, 2009
• Executive Order on Preemption by Jack Park - posted September 3, 2009
• Reverse Payment Settlements and Upcoming Congressional Action by Geoffrey A. Manne & Joshua D. Wright - posted August 20, 2009
• The Obama Administration’s Proposed New Consumer Regulator (CFPA) by Wayne A. Abernathy - posted August 13, 2009
• Proposals to Eliminate Sentencing Disparities between Crack and Powder Cocaine Offenses by Chris Byrnes - posted August 5, 2009
• The Obama Administration’s Budget Proposal for Health and Human Services by Paula M. Stannard - posted July 6, 2009
• Antitrust Pricing War: Congress v. the Court by Joshua D. Wright - posted June 19, 2009
• Scientific Integrity and the Role of Science in Developing Regulations by Susan E. Dudley - posted June 10, 2009
• The Proposed Local Law Enforcement Hate Crimes Prevention Act of 2009 (H.R. 1913) by Gail Heriot - posted May 18, 2009
• Executive Order Concerning Regulatory Planning and Review by Susan E. Dudley - posted on May 11, 2009
• The Obama Administration Signals Intent to Change Conscience Clause Rule by William L. Saunders & Michael Fragoso - posted May 4, 2009
• Introducing Julius Genachowski, Nominee for FCC Chairman by Raymond L. Gifford - posted April 23, 2009
• President Obama’s Support for Abortion Abroad by O. Carter Snead - posted April 23, 2009
• The Disadvantaged Business Enterprise Program – Recent and Proposed Changes by Dominique Ludvigson - posted April 23, 2009
• Proposed Reduction in Charitable Tax Credit by Rebecca Dummermuth - posted April 23, 2009
• The Stimulus Plan and Faith-Based Organizations by Stanley Carlson-Thies - posted April 23, 2009
• The Obama Administration, the New Haven Firefighters Case, and More by Roger Clegg - posted April 21, 2009
• An Overview of the White House Office on Faith-Based and Neighborhood Partnerships and the Council on Faith-Based and Neighborhood Partnerships by Rebecca Dummermuth - posted April 21, 2009
• The Akaka Bill by G.L. Brock - posted April 21, 2009
• Office of Legal Counsel Releases Opinions by John McGinnis - posted April 14, 2009
• EEOC Proposes Regulations on Title II of the Genetic Information Nondiscrimination Act of 2008 by Dominique Ludvigson - posted April 13, 2009
• Mandatory Greenhouse Gas Reporting: The GHG Registry by Daren Bakst - posted April 13, 2009
• What Role Should the ABA Play in Federal Judicial Nominations? by Jack Park - posted April 13, 2009
• AIG Bonus Payments by John C. Eastman and Marisa Maleck - posted April 13, 2009
• Fairness Doctrine by John Shu - posted April 13, 2009
• Elections; Universal Voter Registration; Same Day Voter Registration by Charles H. Bell, Jr. - posted April 13, 2009