Congress Must Decide How to Choose Between Courts and Agency Adjudication
For some time, the Securities and Exchange Commission has had a choice of prosecutorial forums:...
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Federalism & Separation of Powers Practice Group
Commentary
Against Living Common Goodism
Federalist Society Review, Volume 23
Today I want to discuss a new version of an old debate. In 1985, then-Attorney...
Principles of State Constitutional Interpretation
Federalist Society Review, Volume 23
State constitutionalism—the practice of state courts deciding cases on independent state constitutional grounds—is a vital...
Book Review: Who Decides?
Making the Most of States as Laboratories of Democracy: Applying and Extending Judge Sutton’s Analysis
Judge Jeffrey Sutton (who I must disclose at the outset is a good friend despite...
Jacobson v. Massachusetts Lends Questionable Support to Covid-19 Executive Orders Imposing Criminal Penalties for Non-Compliance
Across the nation, in response to the Covid-19 virus, state and local leaders have issued...
