Jun 6 2025 Publication Federalist Society Review Disparate-Impact Liability: Unfounded, Unconstitutional, & Not Long For This World Dan Morenoff For more than fifty years—ever since the Supreme Court decided Griggs v. Duke Power Co.[1]—almost...
May 9 2025 Publication Federalist Society Review The Supreme Court's 2023 Term: Return to Original Meaning or a Dangerous "Paradigm Shift"? Zack Smith, Donald A. Daugherty Each Supreme Court term over the past several years seems to produce more momentous decisions...
Mar 3 2025 Publication Federalist Society Review The Widening Effect of Students for Fair Admissions George R. La Noue Sitting at the top of the judicial pyramid, the Supreme Court makes only a few...
Feb 12 2025 Publication State Court Docket Watch Is Voting in Kansas a Fundamental Right? Kansas Supreme Court Weighs In Erin Gaide Those who do not spend their days thinking about election law may be surprised to...
Feb 11 2025 Publication State Court Docket Watch Michigan Supreme Court Rules on Distinction Between Rules and Informal Policy Statements Nicholas Holmes When does an agency’s action carry the force of law and bind both the...
Jan 9 2025 Publication Federalist Society Review 2024 Civil Justice Update Mark A. Behrens This paper reviews key civil justice issues and changes in 2024. Part I discusses legal reform...
Oct 15 2024 Publication Federalist Society Review The Twin Commands: Streamlining Equality Litigation Based on Students for Fair Admissions Skylar Croy, Daniel Lennington Each year, government contracting programs dole out tens of billions of dollars to businesses that...
Oct 15 2024 Publication State Court Docket Watch Washington Supreme Court Rejects a Constitutional Right to Park Daniel Himebaugh The west coast is no longer waiting for the Supreme Court to opine on...
Oct 10 2024 Publication State Court Docket Watch Florida Supreme Court Clarifies Meaning of “Riot” in the Combating Public Disorder Act Daniel Ortner It’s not often that a judicial decision is celebrated as a “monumental victory” by...
Sep 23 2024 Publication Federalist Society Review Predistribution, Labor Standards, and Ideological Drift: Why Some Conservatives Are Embracing Labor Unions (and Why They Shouldn't) Alexander T. MacDonald Common ground isn’t always a good thing. For example, consider the growing popularity of “predistribution.”...
Disparate-Impact Liability: Unfounded, Unconstitutional, & Not Long For This World
Dan Morenoff
For more than fifty years—ever since the Supreme Court decided Griggs v. Duke Power Co.[1]—almost...
The Supreme Court's 2023 Term: Return to Original Meaning or a Dangerous "Paradigm Shift"?
Zack Smith, Donald A. Daugherty
Each Supreme Court term over the past several years seems to produce more momentous decisions...
The Widening Effect of Students for Fair Admissions
George R. La Noue
Sitting at the top of the judicial pyramid, the Supreme Court makes only a few...
Is Voting in Kansas a Fundamental Right? Kansas Supreme Court Weighs In
Erin Gaide
Those who do not spend their days thinking about election law may be surprised to...
Michigan Supreme Court Rules on Distinction Between Rules and Informal Policy Statements
Nicholas Holmes
When does an agency’s action carry the force of law and bind both the...
2024 Civil Justice Update
Mark A. Behrens
This paper reviews key civil justice issues and changes in 2024. Part I discusses legal reform...
The Twin Commands: Streamlining Equality Litigation Based on Students for Fair Admissions
Skylar Croy, Daniel Lennington
Each year, government contracting programs dole out tens of billions of dollars to businesses that...
Washington Supreme Court Rejects a Constitutional Right to Park
Daniel Himebaugh
The west coast is no longer waiting for the Supreme Court to opine on...
Florida Supreme Court Clarifies Meaning of “Riot” in the Combating Public Disorder Act
Daniel Ortner
It’s not often that a judicial decision is celebrated as a “monumental victory” by...
Predistribution, Labor Standards, and Ideological Drift: Why Some Conservatives Are Embracing Labor Unions (and Why They Shouldn't)
Alexander T. MacDonald
Common ground isn’t always a good thing. For example, consider the growing popularity of “predistribution.”...