Vol. 40

Volume 40 – Issue 3

The Federalist Society’s Article I Initiative

573 The Place of Congress in the Constitutional Order Keith E. Whittington
603 The Wealth of Congress Jonathan Klick
639 The President’s Pen and the Bureaucrat’s Fiefdom John C. Eastman
663 How to Salvage Article I: The Crumbling Foundation of Our Republic David Schoenbrod


687 Educating the Disadvantaged—Two Models Amy L. Wax

Book Review

729 Why the Right Embraced Rights: The Other Rights Revolution Logan E. Sawyer, III


759 Business Transactions and President Trump’s “Emoluments” Problem Seth Barrett Tillman


773 Discriminatory Lawyers in a Discriminatory Bar: Rule 8.4(G) of the Model Rules of Professional Responsibility Caleb C. Wolanek

Recent Development

793 Right by Precedent, Wrong by RFRA: The “Substantial Burden” Inquiry in Oklevueha Native American Church of Hawaii, Inc. v. Lynch, 828 F.3d 1012 (9th Cir. 2016) Tiernan Kane

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Volume 40 – Issue 2


255 The Sexual Integrity of Religious Schools and Tax Exemption Johnny Rex Buckles
321 Secondary Effects and Public Morality Santiago Legarre & Gregory J. Mitchell
361 Marriage, the Court, and the Future Ryan T. Anderson
417 The Power to Define Offenses Against the Law of Nations Alex H. Loomis


493 Half-Cocked: The Regulatory Framework of Short-Barrel Firearms James A. D’Cruz
539 Protecting Prenatal Persons: Does the Fourteenth Amendment Prohibit Abortion? Joshua J. Craddock

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Volume 40 – Issue 1

The Federalist Society National Student Symposium–2016

1 Immigration, Freedom, and the Constitution Ilya Somin
9 The Power to Control Immigration is a Core Aspect of Sovereignty John C. Eastman
17 Jump-Starting K–12 Education Reform Clint C. Bolick
25 Economic Equality is an Immoral Ideal Yaron Brook
33 America’s Exceptional Safety Net Julia D. Mahoney
41 The Freedom to Fail: Market Access as the Path to Overcoming Poverty and Inequality Jason Scott Johnston
51 Lessons from the Least of These Robert Woodson


61 Defying Conventional Wisdom: The Constitution Was Not the Product of a Runaway Convention Michael Farris
147 Delegation Reconsidered: A Delegation Doctrine for the Modern Administrative State Ronald A. Cass
201 “An Artificial Being”: John Marshall and Corporate Personhood Christopher J. Wolfe


237 A Proposal to Restructure the Clemency Process—The Vice President as Head of a White House Clemency Office Paul J. Larkin, Jr.

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