Legislation

Net Neutrality Without the FCC?: Why the FTC Can Regulate Broadband Effectively

Roslyn Layton, Tom W. Struble

Federalist Society Review, Volume 18

Note from the Editor: This article argues that the FTC has jurisdiction over broadband and the...

Unleashed and Unbound: Living Textualism in Bostock v. Clayton County

Nelson Lund

Federalist Society Review, Volume 21

Note from the Editor: The Federalist Society takes no positions on particular legal and public...

Criminal Law Update: A Survey of State Law Changes in 2019

Robert Alt

Criminal Justice Update

Note from the Editor:  The Federalist Society takes no positions on particular legal and public...

Federal Cybersecurity Programs

Adam R. Pearlman

New Federal Initiatives Project

Brought to you by the International & National Security Law Practice GroupThe Federalist Society takes no position on...

Negative Legislation

Roberto J. Borgert

Federalist Society Review, Volume 22

Modern commentators have spilled much ink on the undemocratic nature of congressional delegations to executive...

Fairness Doctrine

John Shu

New Federal Initiatives Project

Brought to you by the Free Speech & Election Law Practice Group  HistoryThe Fairness Doctrine did not...

What Happened to Natural Law in American Jurisprudence?

Kody Cooper

Federalist Society Review, Volume 22

A Review of The Decline of Natural Law: How American Lawyers Once Used Natural Law and...

Bargaining Rights Gone Wrong: How State Courts Invented a Constitutional Duty to Bargain and How It Harms Individual Workers

Alexander T. MacDonald

Federalist Society Review, Volume 23

Constitutions often give you the right to do things. They give you the right to...

The Meaning of "Regulate Commerce" to the Constitution's Ratifiers

Robert G. Natelson

Federalist Society Review, Volume 23

I. Previous Scholarship[1]  A. Views of “Commerce”: Traditional and “Mega” The Constitution grants Congress power...

Criminal Justice Reform: A Survey of 2018 State Laws

Robert Alt

Criminal Justice Update

State legislatures across the country made significant strides in reforming their criminal justice regimes throughout...