Jan 2 2020 Publication Federalist Society Review Kisor v. Wilkie Makes Auer a Paper Tiger Karen Harned, Aeron Van Scoyk Federalist Society Review, Volume 20 Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Dec 31 2019 Topics Criminal Law & Procedure • Separation of Powers • Supreme Court Blog Post News Constitutional Vagueness Today Joshua Kleinfeld Imagine a criminal statute commanded: “Don’t be a jerk.” Or: “Thou shalt not be unpleasant.” ...
Sep 20 2023 Topics Administrative Law & Regulation • Supreme Court • Federalism & Separation of Powers Blog Post News The Major Questions Doctrine Is Not About Delegation, but Usurpation—And That Matters James C. Phillips This post was originally published at the Yale Journal on Regulation’s Notice & Comment blog....
Jan 11 2020 Podcast FedSoc Forums Is Another Brand of Judicial Deference on the Chopping Block? Robert T. Carney, Mark Chenoweth This teleforum will focus on the sundry problems with so-called "Brand X deference," whose name...
Oct 11 2023 Publication Federalist Society Review The Labor Law Enigma: Article III, Judicial Power, and the National Labor Relations Board Alexander Thomas MacDonald Federalist Society Review, Volume 24 Axon Enterprises v. FTC[1] wasn’t supposed to be about labor law. In fact, it wasn’t...
Oct 23 2023 Topics Supreme Court Blog Post News SCOTUS Orders: Social Media, Guns, and Redistricting Anthony M. Deardurff Even as the Court prepares to hear argument next week in two cases exploring the...
Mar 15 2017 Publication The Federalist Paper The Federalist Paper, Spring 2017 Katie McClendon The past couple of months have been a busy time in American politics and law....
Mar 23 2017 Publication Federalist Society Review Gloucester County School Board v. G.G.: Judicial Overdeference Is Still a Massive Problem David McDonald, Ilya Shapiro Federalist Society Review, Volume 18 Note from the Editor: This article discusses Auer deference, a central issue in Gloucester County...
Mar 11 2020 Podcast FedSoc Forums Courthouse Steps Decision: Hernandez v. Mesa Peter M. Thomson In the case of Hernandez v. Mesa, by a vote of 5-4, the judgment of...
Feb 22 2024 Topics Administrative Law & Regulation • Federalism • Religious Liberty Blog Post State Department’s Proposed Foreign Assistance Nondiscrimination Requirements Raise Concerns Rachel N. Morrison On January 19, 2024, the U.S. Department of State issued two notices of proposed rulemaking...
Kisor v. Wilkie Makes Auer a Paper Tiger
Karen Harned, Aeron Van Scoyk
Federalist Society Review, Volume 20
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Topics
Constitutional Vagueness Today
Imagine a criminal statute commanded: “Don’t be a jerk.” Or: “Thou shalt not be unpleasant.” ...
Topics
The Major Questions Doctrine Is Not About Delegation, but Usurpation—And That Matters
This post was originally published at the Yale Journal on Regulation’s Notice & Comment blog....
Is Another Brand of Judicial Deference on the Chopping Block?
Robert T. Carney, Mark Chenoweth
This teleforum will focus on the sundry problems with so-called "Brand X deference," whose name...
The Labor Law Enigma: Article III, Judicial Power, and the National Labor Relations Board
Alexander Thomas MacDonald
Federalist Society Review, Volume 24
Axon Enterprises v. FTC[1] wasn’t supposed to be about labor law. In fact, it wasn’t...
Topics
SCOTUS Orders: Social Media, Guns, and Redistricting
Even as the Court prepares to hear argument next week in two cases exploring the...
The Federalist Paper, Spring 2017
Katie McClendon
The past couple of months have been a busy time in American politics and law....
Gloucester County School Board v. G.G.: Judicial Overdeference Is Still a Massive Problem
David McDonald, Ilya Shapiro
Federalist Society Review, Volume 18
Note from the Editor: This article discusses Auer deference, a central issue in Gloucester County...
Courthouse Steps Decision: Hernandez v. Mesa
Peter M. Thomson
In the case of Hernandez v. Mesa, by a vote of 5-4, the judgment of...
Topics
State Department’s Proposed Foreign Assistance Nondiscrimination Requirements Raise Concerns
On January 19, 2024, the U.S. Department of State issued two notices of proposed rulemaking...