Aug 28 2024 Topics Article I Initiative • Founding Era & History • Labor & Employment Law • Law & Economics Blog Post The Accidental Success of the NLRA: How a Law about Unions Achieved Its Goals by Giving Us Fewer Unions Alexander T. MacDonald In today’s politics, agreement is a rare beast. So it’s notable when it shows up. And...
Aug 22 2024 Topics First Amendment • Founding Era & History • Free Speech & Election Law Blog Post Reviving the Lost Liberty: Why the Assembly Clause Matters Today Nathan Ristuccia Protests on a range of sensitive issues have roiled college campuses across the nation this...
Aug 21 2024 Topics Administrative Law & Regulation • Constitution • Founding Era & History Blog Post “To Bigotry No Sanction, To Persecution No Assistance”: George Washington and Jews in America John Kennerly Davis Since the barbarous incursion by Hamas on October 7, antisemitic attacks and threats have reached...
Aug 15 2024 Topics Founding Era & History • Property Law • Environmental Law & Property Rights Blog Post Nowhere to Live? James S. Burling In over 40 years of litigating environmental and property rights cases on behalf of small...
Jul 29 2024 Publication Federalist Society Review A Response to the Constitution's Critics Johnathan O'Neill Federalist Society Review, Volume 25 A review of Dennis Hale and Marc Landy, Keeping the Republic: A Defense of American...
Jul 29 2024 Topics Civil Rights • Constitution • Founding Era & History Blog Post Originalism Is Good for the Common Good Ilya Shapiro The Club for Growth recently put out a new policy handbook, entitled “Freedom Forward,” covering...
Jul 19 2024 Topics Corporations, Securities & Antitrust • Founding Era & History • Jurisprudence Blog Post The Concern for Human Flourishing at the Core of Antitrust Law Kevin Frazier Antitrust law did not start in 1890. Though judges, scholars, and government officials often describe...
Jul 16 2024 Topics Founding Era & History • Supreme Court Blog Post Moore v. United States and the Uncertainty About “Direct” and “Indirect” Taxes Robert G. Natelson Our Constitution distinguishes between direct and indirect taxes. Indirect tax rates must be uniform throughout...
Jul 4 2024 Topics Administrative Law & Regulation • Constitution • Founding Era & History Blog Post Self-Evident Truths: The One Sure Foundation for True Diversity, Equity, and Inclusion John Kennerly Davis In recent years, corporations, government agencies, and institutions of higher education across the country have...
Jul 3 2024 Publication Federalist Society Review The Time Is Ripe to Disincorporate the Establishment Clause Frederick W. Claybrook Federalist Society Review, Volume 25 The Supreme Court’s 1947 incorporation of the Establishment Clause[1] through the Due Process Clause of...
Topics
The Accidental Success of the NLRA: How a Law about Unions Achieved Its Goals by Giving Us Fewer Unions
In today’s politics, agreement is a rare beast. So it’s notable when it shows up. And...
Topics
Reviving the Lost Liberty: Why the Assembly Clause Matters Today
Protests on a range of sensitive issues have roiled college campuses across the nation this...
Topics
“To Bigotry No Sanction, To Persecution No Assistance”: George Washington and Jews in America
Since the barbarous incursion by Hamas on October 7, antisemitic attacks and threats have reached...
Topics
Nowhere to Live?
In over 40 years of litigating environmental and property rights cases on behalf of small...
A Response to the Constitution's Critics
Johnathan O'Neill
Federalist Society Review, Volume 25
A review of Dennis Hale and Marc Landy, Keeping the Republic: A Defense of American...
Topics
Originalism Is Good for the Common Good
The Club for Growth recently put out a new policy handbook, entitled “Freedom Forward,” covering...
Topics
The Concern for Human Flourishing at the Core of Antitrust Law
Antitrust law did not start in 1890. Though judges, scholars, and government officials often describe...
Topics
Moore v. United States and the Uncertainty About “Direct” and “Indirect” Taxes
Our Constitution distinguishes between direct and indirect taxes. Indirect tax rates must be uniform throughout...
Topics
Self-Evident Truths: The One Sure Foundation for True Diversity, Equity, and Inclusion
In recent years, corporations, government agencies, and institutions of higher education across the country have...
The Time Is Ripe to Disincorporate the Establishment Clause
Frederick W. Claybrook
Federalist Society Review, Volume 25
The Supreme Court’s 1947 incorporation of the Establishment Clause[1] through the Due Process Clause of...