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Subscribe in a readerWelcome to the Federalist Society's online publication archive. Choose a publication to view from the menu on the left or by selecting one of our most recent publications below. You can also browse our publications by Practice Group, Special Project, and Subject.
March 11, 2013
For roughly two decades, the bipartisan consensus of the U.S. Congress on the regulation of greenhouse gases from non-mobile sources has been that it's best to let sleeping dogs lie. Critics of any attempted regulation have cited a variety of prudential and legal problems that would prevent the Environmental Protection Agency from using the Clean Air Act (CAA)--the awkward basis for current greenhouse gas regulation--to regulate emissions standards from "stationary sources" of energy. Nevertheless, President Obama has asserted that the needs in this area are great, that "Americans cannot resist this transition," and the EPA is thus expected to propose such regulations. Can the CAA, previously limited to existing-source emissions of relatively rare substances, be read to now authorize the regulation of greenhouse gases from non-mobile sources?...[Read Now!]
Engage Volume 13, Issue 3 October 2012
February 13, 2013
The October 2012 issue of Engage is now online (exclusively a digital issue). Engage provides original scholarship on current, important legal and policy issues. Through its publication, we aim to contribute to the marketplace of ideas in a way that is collegial, measured, and insightful—and hope to spark a higher level of debate and discussion than we often see in today’s legal community. [Read Now!]
A Legal Overview of Utah's H.B. 148
January 14, 2013
Recent legislation passed in the State of Utah has demanded that the federal government extinguish title to certain public lands that the federal government currently holds. The State of Utah claims that the federal government made promises to it (at statehood when the federal government obtained the lands) that the federal ownership would be of limited duration and that the bulk of those lands would be timely disposed of by the federal government into private ownership or otherwise returned to the State. This White Paper provides a legal overview of these claims....[Read Now!]
Tort Reform Update: Recently Enacted Legislative Reforms and State Court Challenges
January 10, 2013
Since the 2010 elections altered the makeup of many state legislative and executive branches, nearly half the states (twenty-three) have passed some form of tort reform making the last two years a particularly active period for supporters and opponents of this issue. Proponents of tort reform point to measures passed in Alabama, North Carolina, Tennessee, and Wisconsin as examples of the quantity and substance of newly enacted policies....[Read Now!]
State Court Docket Watch Winter 2012-2013
December 14, 2012
In an effort to increase dialogue about state court jurisprudence, the Federalist Society presents State Court Docket Watch. This newsletter is one component of the State Courts Project, presenting original research on state court jurisprudence and illustrating new trends and ground-breaking decisions in the state courts. This edition contains updates on important state court decisions in Kansas, Missouri, Pennsylvania, and Virginia, a constitutional amendment approved by New Jersey voters to overturn a New Jersey Supreme Court decision, and a decision by the Tenth Circuit on the challenge to the constitutionality of the Kansas judicial merit selection process.
A Review of the Florida Supreme Court: 2000-2012
October 24, 2012
On November 6, 2012, Floridians will vote on the retention of three justices of the Florida Supreme Court: Fred Lewis, Barbara Pariente and Peggy Quince.1 Critics of these justices have urged voters to vote “no” on retention, asserting that these justices are engaging in judicial “activism” by disregarding the law and substituting their own subjective, ideological preferences.2 Supporters of the justices assert that opposition to their retention is itself ideological, and is a blatant attempt to politicize the judiciary of Florida....[Read Now!]
The Effect of Super PACs on North Carolina Judicial Elections
October 24, 2012
This November, North Carolinians will have the opportunity to select one person to serve an eight year term as a Justice on the North Carolina Supreme Court. Justice Paul Newby, the incumbent, is being challenged by Judge Sam Ervin IV, who currently serves on the North Carolina Court of Appeals. Although North Carolina’s judicial elections are nonpartisan (i.e., no political affiliation is listed for the candidates on the ballots), local news reports describe Justice Newby as a Republican and Judge Ervin as a Democrat. It is widely believed that the North Carolina Supreme Court is narrowly divided along ideological lines, with conservative justices holding a 4-3 majority that includes Justice Newby. Thus, the outcome of the upcoming election could alter the ideological balance of the Court....[Read More!]
Textualism and the Michigan Supreme Court
October 23, 2012
In this white paper, the author analyzes selected Michigan Supreme Court cases interpreting the Michigan Constitution of 1963, Michigan statutes, contracts, and other written documents to show that it has followed a textualist approach over the last twelve years. With one exception, in which the Michigan Supreme Court’s reasoning is compared with that of the United States Supreme Court, all of these cases were closely divided in the Michigan Supreme Court. This review shows that many of the selected cases are ones in which the Michigan Supreme Court applied the textual method to reverse prior precedent and answer questions of first impression. This paper will also discuss the extent to which the Court’s approach has provided the types of benefits that Justice Scalia and Professor Garner suggest that a textualist approach provides....[Read More!]
Engage Volume 13, Issue 2, July 2012
September 28, 2012
The July 2012 issue of Engage is now online (exclusively a digital issue). Engage provides original scholarship on current, important legal and policy issues. Through its publication, we aim to contribute to the marketplace of ideas in a way that is collegial, measured, and insightful—and hope to spark a higher level of debate and discussion than we often see in today’s legal community. [Read now!]
September 4, 2012
The public understanding of what is and is not a crime has eroded over time. The common law was clear: a crime requires the union of a prohibited act or actus reus and a guilty mind or mens rea. Increasingly, however, "strict liability" offenses requiring no proof of a mens rea are becoming more common. This article briefly reviews this development and proposals for addressing the trend at the state level... [Read more!]
State Court Docket Watch Summer 2012
August 27, 2012
In an effort to increase dialogue about state court jurisprudence, the Federalist Society presents State Court Docket Watch. This newsletter is one component of the State Courts Project, presenting original research on state court jurisprudence and illustrating new trends and ground-breaking decisions in the state courts. This edition contains updates on important state court decisions in Iowa, New Jersey, Pennsylvania, and Texas, and a U.S. Supreme Court decision regarding a Montana campaign finance law. [Read now!]
August 3, 2012
In this issue, we offer a preview of the ABA's annual meeting in Chicago, including examining how the ABA has reacted to executive actions by the current and past presidential administrations. We also discuss the ABA's concern with the judicial confirmation process, and we highlight the ABA's support of the Supreme Court decision in Arizona v. U.S. And, as in the past, we digest and summarize actions before the House of Delegates. [Read now!]
June 21, 2012
The latest issue of Class Action Watch is now available online. The Federalist Society publishes this newsletter to apprise both our membership and the public at large of recent trends and cases in class action litigation that merit attention. This issue contains updates on recent global warming nuisance litigation, touching on the merits in class action certification, and the use of expert testimony in deciding certification motions. [Read now!]
