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...
Apr 3 2024 Publication State Court Docket Watch Massachusetts Supreme Judicial Court Sides with Government in Nondelegation Case Eli Nachmany In Robinhood Financial LLC v. Secretary of Commonwealth, the Massachusetts Supreme Judicial Court sided...
Dec 20 2023 Publication Federalist Society Review A Deeper Originalism: From Court-Centered Jurisprudence to Constitutional Self-Government Johnathan O'Neill Originalism has substantially reoriented constitutional discourse since it first reemerged in response to the Warren...
Aug 16 2023 Topics Administrative Law & Regulation • Supreme Court Blog Post Is the Administrative State Inevitable? Loper, Chevron, and the “Abnegation” of Law Alexander T. MacDonald Last month, the Supreme Court granted cert in Loper Bright Enterprises v. Raimondo. Though the case...
Oct 4 2022 Publication Federalist Society Review Chevron—Complicated, Start to Finish Ronald A. Cass A Review of Thomas W. Merrill, The Chevron Doctrine: Its Rise and Fall, and the...
Aug 29 2022 Publication Federalist Society Review The Original Understanding of the Indian Commerce Clause: An Update Robert G. Natelson The Congress shall have Power . . . To regulate Commerce with foreign Nations, and...
Jul 18 2022 Topics Jurisprudence Blog Post News Originalism’s Still Around, No Matter What Adrian Vermeule Says Devin Watkins I was taken aback when I read Adrian Vermeule’s recent Washington Post op-ed, which alleges...
Apr 5 2022 Publication Federalist Society Review Against Living Common Goodism William H. Pryor Today I want to discuss a new version of an old debate. In 1985, then-Attorney...
Dec 13 2021 Publication Federalist Society Review What Happened to Natural Law in American Jurisprudence? Kody Cooper A Review of The Decline of Natural Law: How American Lawyers Once Used Natural Law and...
Jul 27 2021 Topics Administrative Law & Regulation • Supreme Court Blog Post Student Blog Initiative Arbitrary and Capricious Review at the Court After FCC v. Prometheus Radio Project: From the Return of “Hard Look” to the “Zone of Reasonableness” Eli Nachmany The Administrative Procedure Act (APA) instructs courts to “hold unlawful and set aside agency action, findings,...
Topics
Originalism Is Good for the Common Good
The Club for Growth recently put out a new policy handbook, entitled “Freedom Forward,” covering...
Massachusetts Supreme Judicial Court Sides with Government in Nondelegation Case
Eli Nachmany
In Robinhood Financial LLC v. Secretary of Commonwealth, the Massachusetts Supreme Judicial Court sided...
A Deeper Originalism: From Court-Centered Jurisprudence to Constitutional Self-Government
Johnathan O'Neill
Originalism has substantially reoriented constitutional discourse since it first reemerged in response to the Warren...
Topics
Is the Administrative State Inevitable? Loper, Chevron, and the “Abnegation” of Law
Last month, the Supreme Court granted cert in Loper Bright Enterprises v. Raimondo. Though the case...
Chevron—Complicated, Start to Finish
Ronald A. Cass
A Review of Thomas W. Merrill, The Chevron Doctrine: Its Rise and Fall, and the...
The Original Understanding of the Indian Commerce Clause: An Update
Robert G. Natelson
The Congress shall have Power . . . To regulate Commerce with foreign Nations, and...
Topics
Originalism’s Still Around, No Matter What Adrian Vermeule Says
I was taken aback when I read Adrian Vermeule’s recent Washington Post op-ed, which alleges...
Against Living Common Goodism
William H. Pryor
Today I want to discuss a new version of an old debate. In 1985, then-Attorney...
What Happened to Natural Law in American Jurisprudence?
Kody Cooper
A Review of The Decline of Natural Law: How American Lawyers Once Used Natural Law and...
Topics
Arbitrary and Capricious Review at the Court After FCC v. Prometheus Radio Project: From the Return of “Hard Look” to the “Zone of Reasonableness”
The Administrative Procedure Act (APA) instructs courts to “hold unlawful and set aside agency action, findings,...