The Federalist Society Review is the legal journal produced by the Federalist Society’s Practice Groups. The Review was formerly known as Engage, and although the name has changed, it still features top-notch scholarship on important legal and public policy issues from some of the best legal minds in the country. 

Review articles are published thanks to the hard work of our fifteen Practice Group Executive Committees and authors who volunteer their time and expertise. The Review seeks to contribute to the marketplace of ideas in a way that is collegial, accessible, intelligent, and original. Articles and full issues are available at fedsoc.org and through the Westlaw database. 

We hope that readers enjoy the articles and come away with new information and fresh insights. Please send us any suggestions and responses at info@fedsoc.org.

 

Administrative Law & Regulation

Independent Review of Procurements Is Worth It: There Is No Support for Hamstringing the GAO Bid Protest Process, by Marcia G. Madsen, David F. Dowd, & Roger V. Abbott

Towards an Administrative Rule of Lenity: Restoring the Constitutional Congress by Reforming Statutory Interpretation, by Joel S. Nolette

FDA Poised to Spoil a Food Fight, Naturally, by Gregory D. Cote

Why DoD Should Adopt a Multi-Cloud IT Strategy, by Marcia G. Madsen, Peter O. Schmidt, Luke P. Levasseur, & David F. Dowd

Party Like It’s 1935?: Gundy v. United States and the Future of the Non-Delegation Doctrine, by Matthew Cavedon & Jonathan Skrmetti

Deference to Agency Rule Interpretations: Problems of Expanding Constitutionally Questionable Authority in the Administrative State, by Ronald A. Cass

Civil Rights

The Student Right to Counsel, by KC Johnson & Mike S. Adams

Criminal Law & Procedure

The Problem with the Proliferation of Collateral Consequences, by John G. Malcolm

Environmental Law & Property Rights

Extraterritorial Ambition: State Energy Taxes and the Question of Imported Electricity, by Daniel A. Himebaugh

A Shy Frog, the Administrative State, and Judicial Review of Agency Decision-Making: A Preview of Weyerhaeuser v. United States Fish & Wildlife Service, by Mark Miller

Will We Soon Have Clarity on Navigable Waters?: How the Supreme Court’s October 2017 Term Set the Stage, by Tony Francois

Federalism & Separation of Powers

Counting to Two Thirds: How Close Are We to a Convention for Proposing Amendments to the Constitution?, by Robert G. Natelson

The Founders Interpret the Constitution: The Division of Federal and State Powers, by Robert G. Natelson

Impeachment: The Constitution’s Fiduciary Meaning of “High . . . Misdemeanors,” by Robert G. Natelson

Why Constitutional Lawyers Need to Know Latin, by Robert G. Natelson

Did the Constitution Grant the Federal Government Eminent Domain Power?: Using Eighteenth Century Law to Answer Constitutional Questions, by Robert G. Natelson

“Advice” in the Constitution’s Advice and Consent Clause: New Evidence from Contemporaneous Sources, by Robert G. Natelson

Free Speech & Election Law

Partisan Gerrymandering and Party Rights: Why Gill v. Whitford Undermines All Future Partisan-Gerrymandering Claims, by Richard Raile

Minnesota Voters Alliance v. Mansky Strikes Down a Vague Ban on Speech in Polling Places, But Future Bans May Be Upheld, by Michael R. Dimino

Compelled Speech in Masterpiece Cakeshop: What the Supreme Court’s June 2018 Decisions Tell Us About the Unresolved Questions, by James A. Campbell

Intellectual Property 

The Supreme Court Tackles Patent Reform: Why the Supreme Court Should End Inter Partes Review in Oil States, by Richard A. Epstein

The Supreme Court Tackles Patent Reform: Further Reflections on the Oil States Case after Oral Argument Before the Supreme Court, by Richard A. Epstein

The Supreme Court Tackles Patent Reform: Inter Partes Review Under the AIA Undermines the Structural Protections Offered by Article III Courts, by Richard A. Epstein

What Happened to the Public’s Interest in Patent Law?, by Kristen Jakobsen Osenga

Religious Liberties

Why Nineteenth Century Bans on “Sectarian” Aid Are Facially Unconstitutional: New Evidence on Plain Meaning, by Robert G. Natelson

Telecommunications & Electronic Media

Modernizing the Tribal Consultation Process for Wireless Infrastructure Siting, by Jonathan Adelstein, Wade Lindsay

The GDPR: What It Really Does and How the U.S. Can Chart a Better Course, by Roslyn Layton & Julian Mclendon

Book Reviews

The Supreme Court in Crisis: A Good Read, But No Crisis, by Donald A. Daugherty, reviewing American Justice 2017: The Supreme Court in Crisis, by Kimberly Robinson

Privatization: Boon to Efficiency or Slow Motion Revolution?, by Ted Hirt, reviewing Constitutional Coup: Privatization’s Threat to the American Republic, by Jon D. Michaels

Regulating Under the Rule of Law, by J. Kennerly Davis, reviewing How to Regulate: A Guide for Policymakers, by Thomas A. Lambert

Capital Punishment: A One-Sided Contribution to a Complex Debate, by John G. Malcolm, reviewing End of Its Rope: How Killing the Death Penalty Can Revive Criminal Justice, by Brandon L. Garrett

Can Americans Reconcile Our Constitutional System With an Expansive Administrative State?, by Ted Hirt, reviewing Bureaucracy in America: The Administrative State’s Challenge to Constitutional Government, by Joseph Postell

Giving Credit for Shaping the Constitution, by Karen Lugo, reviewing The Lives of the Constitution: Ten Exceptional Minds That Shaped America’s Supreme Law, by Joseph Tartakovsky

A New Foundation for Property Rights?: A Helpful but Flawed Contribution, by Ilya Somin, reviewing Property and Human Flourishing, by Gregory S. Alexander