Jul 29 2024 Podcast FedSoc Forums Do We Need Qualified Immunity? Robert J. McNamara, Michael Perloff, Christopher J. Walker Qualified immunity is perhaps the nation’s most controversial legal doctrine. Proponents say qualified immunity is necessary to give government officials—especially...
Sep 3 2024 Topics Founding Era & History • Litigation • Supreme Court Blog Post Understanding Justice Thomas and Justice Barrett’s Fight Over History GianCarlo Canaparo, Curtis B. Herbert It’s unusual to see news articles about disagreements between Supreme Court Justices, especially with phrases...
Sep 13 2024 Topics Federal Courts • Litigation • Professional Responsibility & Legal Education • Federalism & Separation of Powers Blog Post Is the Corporate Transparency Act Unconstitutional?: Government Appeals a District Court Ruling That Said “Yes,” With More Challenges In Progress John J. Park On March 1, 2024, Judge Liles Burke in the Northern District of Alabama held in...
Sep 16 2024 Topics Federal Courts • Litigation • Federalism & Separation of Powers Blog Post Federal Court Recognizes Limits to Federal Power Over At-Home Distilling Devin Watkins What are the limits of the federal government’s powers? That critical question has been debated...
Sep 16 2024 Topics Administrative Law & Regulation • Supreme Court • Telecommunications & Electronic Media Blog Post “Tough Luck, Get a New Statute” Adam Cassady The Supreme Court’s decision in SEC v. Jarkesy essentially means that administrative agencies cannot directly...
Sep 18 2024 Publication Federalist Society Review The Curtain Falls on Chevron: Will the Chevron Two-Step Give Way to a Simpler Loper Bright-Line Rule? Ronald A. Cass Federalist Society Review, Volume 25 Traditionally, administrative law cases don’t make news. Instead, they make snooze. They can be exciting...
Sep 24 2024 Topics Federal Courts • Jurisprudence • Supreme Court Blog Post The Future of Article III Standing Mason Rivers Laney Is it “too easy” to show Article III standing, particularly in environmental cases? That is...
Sep 30 2024 Topics Federal Courts • First Amendment • Litigation • Free Speech & Election Law Blog Post Let the Algorithm Speak?: Third Circuit Indicates in Anderson v. TikTok That the First Amendment and Section 230 are Inversely Related Jack Fitzhenry Social media platforms sift user-generated content through a variety of algorithms, some of which collect...
Oct 3 2024 Topics Administrative Law & Regulation • State Courts • State Governments • Supreme Court Blog Post Chevron in the States: Where Is Deference Still in Effect, and How Can States Eliminate It? GianCarlo Canaparo, Caleb Sampson The next battles over administrative law will unfold in state capitols, state courts, and state...
Oct 4 2024 Publication State Court Docket Watch New York High Court Orders New Maps Before Election Joseph T. Burns On December 12, 2023, the New York State Court of Appeals (New York’s highest court)...
Do We Need Qualified Immunity?
Robert J. McNamara, Michael Perloff, Christopher J. Walker
Qualified immunity is perhaps the nation’s most controversial legal doctrine. Proponents say qualified immunity is necessary to give government officials—especially...
Topics
Understanding Justice Thomas and Justice Barrett’s Fight Over History
It’s unusual to see news articles about disagreements between Supreme Court Justices, especially with phrases...
Topics
Is the Corporate Transparency Act Unconstitutional?: Government Appeals a District Court Ruling That Said “Yes,” With More Challenges In Progress
On March 1, 2024, Judge Liles Burke in the Northern District of Alabama held in...
Topics
Federal Court Recognizes Limits to Federal Power Over At-Home Distilling
What are the limits of the federal government’s powers? That critical question has been debated...
Topics
“Tough Luck, Get a New Statute”
The Supreme Court’s decision in SEC v. Jarkesy essentially means that administrative agencies cannot directly...
The Curtain Falls on Chevron: Will the Chevron Two-Step Give Way to a Simpler Loper Bright-Line Rule?
Ronald A. Cass
Federalist Society Review, Volume 25
Traditionally, administrative law cases don’t make news. Instead, they make snooze. They can be exciting...
Topics
The Future of Article III Standing
Is it “too easy” to show Article III standing, particularly in environmental cases? That is...
Topics
Let the Algorithm Speak?: Third Circuit Indicates in Anderson v. TikTok That the First Amendment and Section 230 are Inversely Related
Social media platforms sift user-generated content through a variety of algorithms, some of which collect...
Topics
Chevron in the States: Where Is Deference Still in Effect, and How Can States Eliminate It?
The next battles over administrative law will unfold in state capitols, state courts, and state...
New York High Court Orders New Maps Before Election
Joseph T. Burns
On December 12, 2023, the New York State Court of Appeals (New York’s highest court)...