Mar 19 2025 Publication Federalist Society Review The Past Is Not a Foreign Country: How a Historical Critique of Originalism Misses That the Past Is Prologue Stephen B. Presser A review of Jonathan Gienapp, Against Constitutional Originalism: A Historical Critique (2024) This review is...
Mar 4 2025 Publication Federalist Society Review Applying the Founders' Originalism Robert G. Natelson The 1787 Federal Convention drafted, and the ratifiers approved, the United States Constitution under the...
Oct 26 2024 Topics Founding Era & History Blog Post The Lasting Importance of the Case of Proclamations John Kennerly Davis There are many milestones on the road that traces the centuries-long work of the people...
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...
Jun 10 2024 Topics Administrative Law & Regulation • Founding Era & History • Jurisprudence Blog Post Let Us Remember Sir Edward Coke, And Give Thanks John Kennerly Davis June 7 marked an important milestone in the ages-long development of constitutional government and the...
Oct 11 2023 Publication Federalist Society Review The Labor Law Enigma: Article III, Judicial Power, and the National Labor Relations Board Alexander T. MacDonald Axon Enterprises v. FTC[1] wasn’t supposed to be about labor law. In fact, it wasn’t...
Jul 26 2021 Publication Federalist Society Review Should the “Hollow Core” of Constitutional Theory Be Filled with the Framers’ Intentions? Stephen B. Presser A Review of The Hollow Core of Constitutional Theory: Why We Need the Framers, by...
Feb 3 2021 Publication Federalist Society Review Bureaucracy With Bumper Guards: Better Than It Rules? Ronald A. Cass A review of Law & Leviathan: Redeeming the Administrative State, by Cass Sunstein & Adrian...
Sep 30 2020 Topics Civil Rights • Constitution • Fourteenth Amendment Blog Post Only mostly dead? New Cert Petition presents Supreme Court with an opportunity to revisit the Privileges or Immunities Clause Adam F. Griffin A new petition for certiorari filed by the Institute for Justice asks the Supreme Court...
Mar 6 2020 Publication Federalist Society Review New Evidence on the Constitution’s Impeachment Standard: “high . . . Misdemeanors” Means Serious Crimes Robert G. Natelson Note from the Editor: The Federalist Society takes no positions on particular legal and public...
The Past Is Not a Foreign Country: How a Historical Critique of Originalism Misses That the Past Is Prologue
Stephen B. Presser
A review of Jonathan Gienapp, Against Constitutional Originalism: A Historical Critique (2024) This review is...
Applying the Founders' Originalism
Robert G. Natelson
The 1787 Federal Convention drafted, and the ratifiers approved, the United States Constitution under the...
Topics
The Lasting Importance of the Case of Proclamations
There are many milestones on the road that traces the centuries-long work of the people...
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
Let Us Remember Sir Edward Coke, And Give Thanks
June 7 marked an important milestone in the ages-long development of constitutional government and the...
The Labor Law Enigma: Article III, Judicial Power, and the National Labor Relations Board
Alexander T. MacDonald
Axon Enterprises v. FTC[1] wasn’t supposed to be about labor law. In fact, it wasn’t...
Should the “Hollow Core” of Constitutional Theory Be Filled with the Framers’ Intentions?
Stephen B. Presser
A Review of The Hollow Core of Constitutional Theory: Why We Need the Framers, by...
Bureaucracy With Bumper Guards: Better Than It Rules?
Ronald A. Cass
A review of Law & Leviathan: Redeeming the Administrative State, by Cass Sunstein & Adrian...
Topics
Only mostly dead? New Cert Petition presents Supreme Court with an opportunity to revisit the Privileges or Immunities Clause
A new petition for certiorari filed by the Institute for Justice asks the Supreme Court...
New Evidence on the Constitution’s Impeachment Standard: “high . . . Misdemeanors” Means Serious Crimes
Robert G. Natelson
Note from the Editor: The Federalist Society takes no positions on particular legal and public...