Apr 30 2024 Publication Federalist Society Review Corner Post and 28 U.S.C. § 2401(a): Not Much to Look At? Michael J. Showalter This term the U.S. Supreme Court will decide Corner Post, Inc. v. Board of Governors...
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....
Aug 17 2023 Topics Constitution • Federalism Blog Post A Federal Gestational Age Abortion Ban is the Wrong (and Unconstitutional) Hill for the Pro-Life Movement to Die On William Hodes In Dobbs v. Jackson Women’s Health Organization, decided in June 2022, the Supreme Court overruled...
Aug 10 2023 Publication Federalist Society Review The War on Independent Work: Why Some Regulators Want to Abolish Independent Contracting, Why They Keep Failing, & Why We Should Declare Peace Tammy Dee McCutchen, Alexander T. MacDonald There is a war on independent contracting. Martial metaphors are often overworked in the law....
Jun 5 2023 Topics Administrative Law & Regulation • Telecommunications & Electronic Media Blog Post The Problem with AI Licensing & an “FDA for Algorithms” Adam Thierer, Neil Chilson Last year, we released a study for the Federalist Society predicting “The Coming Onslaught of...
May 18 2023 Publication Federalist Society Review Originalism Carries On Donald A. Daugherty A review of Erwin Chemerinsky, A Momentous Year in the Supreme Court: October Term 2021...
May 10 2023 Topics Administrative Law & Regulation • Supreme Court Blog Post News Chevron Is Dead, Long Live Chevron Corbin K. Barthold The Supreme Court has agreed to revisit Chevron v. Natural Resources Defense Council (1984), the...
Mar 7 2022 Topics Federalist Society Blog Post The 2022 Joseph Story Award Christopher J. Walker The Federalist Society is delighted to announce that the winner of the 2022 Joseph Story...
Dec 10 2021 Topics Civil Rights • Financial Services & E-Commerce Blog Post News Latest Developments in SEC “Regulation” of Cryptocurrency Curt Levey Earlier this year, on this blog and in a Federalist Society panel, I discussed...
Dec 6 2021 Blog Post Student Blog Initiative In Bruen, New York’s Scrutiny Analysis Gets It Exactly Backwards Seth Smitherman Heller famously concluded that the “inherent right of self-defense [is] central to the Second Amendment...
Corner Post and 28 U.S.C. § 2401(a): Not Much to Look At?
Michael J. Showalter
This term the U.S. Supreme Court will decide Corner Post, Inc. v. Board of Governors...
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....
Topics
A Federal Gestational Age Abortion Ban is the Wrong (and Unconstitutional) Hill for the Pro-Life Movement to Die On
In Dobbs v. Jackson Women’s Health Organization, decided in June 2022, the Supreme Court overruled...
The War on Independent Work: Why Some Regulators Want to Abolish Independent Contracting, Why They Keep Failing, & Why We Should Declare Peace
Tammy Dee McCutchen, Alexander T. MacDonald
There is a war on independent contracting. Martial metaphors are often overworked in the law....
Topics
The Problem with AI Licensing & an “FDA for Algorithms”
Last year, we released a study for the Federalist Society predicting “The Coming Onslaught of...
Originalism Carries On
Donald A. Daugherty
A review of Erwin Chemerinsky, A Momentous Year in the Supreme Court: October Term 2021...
Topics
Chevron Is Dead, Long Live Chevron
The Supreme Court has agreed to revisit Chevron v. Natural Resources Defense Council (1984), the...
Topics
The 2022 Joseph Story Award
The Federalist Society is delighted to announce that the winner of the 2022 Joseph Story...
Topics
Latest Developments in SEC “Regulation” of Cryptocurrency
Earlier this year, on this blog and in a Federalist Society panel, I discussed...
In Bruen, New York’s Scrutiny Analysis Gets It Exactly Backwards
Heller famously concluded that the “inherent right of self-defense [is] central to the Second Amendment...