Principle

A Lady or a Tiger?: Thoughts on Fisher v. University of Texas and the Future of Race Preferences in America

Alison E. Somin

Note from the Editor: This article is about the U.S. Supreme Court’s decision in Fisher...

The “Mens Rea” Component Within the Issue of the Over-Federalization of Crime

William J. Haun, John S. Baker

Introduction After decades of hastily passing federal criminal laws, the U.S. House of Representatives, through...

The Road to a National Curriculum: The Legal Aspects of the Common Core Standards, Race to the Top, and Conditional Waivers

Kent D. Talbert, Robert S. Eitel

Note from the Editor:  This paper examines the U.S. Department of Education’s administration of the...

A Modest Proposal for Human Limitations on Cyberdiscovery

Rick M. Esenberg

Note from the Editor: In December 2010, the Federalist Society heard from a number of...

Multinational Businesses and the Matrix of Human Rights Governance Networks

James P. Kelly

For decades, human rights activists have successfully petitioned state and national governments in developed countries...

Key Findings: Statewide Survey of 507 Likely Voters in New Jersey

Kellyanne Conway

TO:  Interested PartiesFROM: Kellyanne Conway, President & CEO  the polling company™, inc./WomenTrendDATE:  September 21, 2010RE:  Key Findings: Statewide Survey of...

“And What Do You Say I Am?”: The Meaning of the Kentucky Display

Gerard V. Bradley

In McCreary County v. ACLU, a bare majority of the Supreme Court affirmed that secularism...

Bar Watch Bulletin February 15, 2005

Today we report on Monday’s actions from the House of Delegates. A number of new...

The Imperfection of Language: Festo Sets a Forseeability Bar for Presecution History Estoppel

David B. Walker

In its recent decision in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd (“Festo...

Chevron, The Nondelegation Doctrine, and Tobacco

Thomas W. Merrill

Federalist Society members tend to applaud the Supreme Court's Chevron doctrine,1 because it seeks to...