Federalism & Separation of Powers

Second Circuit Issues Landmark Decision Regarding Electronic Privacy And The Territorial Scope Of U.S. Law

• Andrew C. Hruska,
• Lee Levine,
• Viet Dinh

On July 14, 2016, the U.S. Court of Appeals for the Second Circuit issued a...

Trump Trumps Ginsburg

• David L. Applegate

In an astonishing editorial – astounding because of its source, not its content – entitled...

A new weapon in the fight against executive branch abuse

Professional commentators have expressed their surprise at the extent to which the national political establishment...

Stormans, Inc. v. Wiesman: Paging the Free Exercise Clause

• Rory Thomas Gray

The Supreme Court denied certiorari yesterday in Stormans, Inc. v. Wiesman, which could have been...

Encino Motorcars, LLC v. Navarro et. al. - A Brief Overview

• Lynn White

The U.S. Supreme Court recently pushed back against the U.S. Department of Labor's (DOL) attempt...

Eminent domain abuse

• Oliver Dunford

Recent developments last week show that the government will threaten eminent domain to prevent the lawful...

SCOTUS Opinions and Orders Update

• Maimon Schwarzschild,
• Kenneth W. Starr,
• Timothy Courtney

The Supreme Court issued opinions in the 3 remaining argued cases from OT 15, as...

Gerald Walpin (September 1, 1931 - June 24, 2016)

• The Society

The Federalist Society joins the family, friends, and professional colleagues of Gerald Walpin of New...

Utah v. Strieff: Fourth Amendment Rights Without Remedies and the Problem of Arbitrary Police Power

• Evan D. Bernick

“[I]f the laws furnish no remedy for the violation of a vested legal right,” the...

Protecting Property Rights in the Sharing Economy

• Christina Sandefur

New York lawmakers recently voted to crack down on home-sharing, punishing people who post online...