Publications
Welcome 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.
May 3, 2009
Mortgage-Backed Securities Litigation: Hedge Funds vs. Banks- Fifth Circuit Applies CAFA to Louisiana Attorney General Action
- Recent Wave of Case Law Rejects "Concealed Defect" Class Actions
- The Third Circuit Joins the Majority with In Re Hydrogen Peroxide
- After Bridge: RICO Class Actions at a Crossing
- Second Circuit: Affirms Dismissal of "Foreign-Cubed" Securities Class Actions
- Fifth Circuit Expands False Claims Act Qui Tam Provisions in Time for Debate over Stimulus Package Fraud
State Court Docket Watch Spring 2009
March 19, 2009
In an effort to increase dialogue about state court jurisprudence, the Federalist Society presents the latest issue of State Court Docket Watch. This Special Issue on lead paint litigation features articles on the state courts of California, Rhode Island, and Ohio. [Read now!]
Umpires, Not Activists: The Recent Jurisprudence of the Nebraska Supreme Court
March 19, 2009
I love the “great and glorious game,” as Commissioner Bart Giamatti once described baseball. Because I am both a baseball fan and a law professor, Chief Justice John Roberts grabbed my attention when he compared the role of a judge to that of an umpire during his confirmation hearings before the Senate Judiciary Committee:
My personal appreciation that I owe a great debt to others reinforces my view that a certain humility should characterize the judicial role. Judges and Justices are servants of the law, not the other way around. Judges are like umpires. Umpires don’t make the rules, they apply them. Th e role of an umpire and a judge is critical. They make sure everybody plays by the rules, but it is a limited role. Nobody ever went to a ball game to see the umpire.
February 13, 2009
In this issue, we are pleased to offer an interview with ABA President-Elect Carolyn Lamm who will become president of the Association next summer. This issue also features recent ABA amicus brief activity and the Association’s recent policies concerning federal and state judicial selection. And, as in the past, we digest and summarize actions before the House of Delegates. [More]
Kansas Supreme Court Nominating Commission Lawyers 1987-2007
February 11, 2009
The citizens of Kansas are currently engaged in a debate over their state courts. The state's process for selecting judges has come under scrutiny, with critics arguing that the current judicial selection process is too lawyer-dominated and supporters responding that it is the best process for depoliticizing judicial selection. Read this new report by Samson R. Elsbernd. [Read now!]
State Court Docket Watch Fall 2008
December 10, 2008
In an effort to increase dialogue about state court jurisprudence, the Federalist Society presents the latest issue of State Court Docket Watch. This issue features articles on the state courts of Missiouri, Tennessee, Florida, Nebraska, Wisconsin, and Ohio. [Read now!]
Engage Volume 9, Issue 3, October 2008
November 7, 2008
The October 2008 issue of Engage is now online. 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 is all too often found in today’s legal community. [Read now!]
Class Action Watch October 2008
November 7, 2008
In this issue of Class Action Watch, William E. Thomson and Kahn A. Scolnick look at the new punitive damage limits as set by the U.S. Supreme Court. Jim Copland reports on "the largest class-action lawsuit ever filed in America." Jimmy Cline talks about a recent holding by the Arkansas Supreme Court that potential conflicts of law cannot defeat class certification. Laurel Harbour reviews a New Jersey Supreme Court holding that rejected medical monitoring in product liability claims. Lyle Roberts discusses the selection of lead plaintiff and lead counsel in securities class actions. Mark A. Behrens and Frank Cruz-Alvarez report on the Rhode Island Supreme Court rejecting public nuisance claims. And Andrew M. Grossman comments on the Grand Theft Auto class action. [Read now!]
The North Carolina Supreme Court: A Special Issue Report
October 21, 2008
The 2008 election campaigns are in full force in North Carolina. The airwaves abound with advertisements for President, Governor, United States Senate, and various other state offices. Amidst all of the media attention devoted to these important executive and legislative positions, it is easy to forget about the third branch in our state democratic system—the judiciary. Unlike their federal counterparts on the United States Supreme Court, who are nominated by the President and confirmed by the Senate, North Carolina Supreme Court Justices are elected. On November 4, 2008, North Carolina voters will elect one Justice to an eight year term on the North Carolina Supreme Court. Moreover, because North Carolina Supreme Court elections became non-partisan in 2002, North Carolina voters will elect the next state supreme court Justice without political party affi liations of the judicial candidates on the ballot.
