Federal Special Education Law and State School Choice Programs

Federalist Society Review, Volume 18
Tim Keller, Nat Malkus September 07, 2017
school hallway

Nat Malkus and Tim Keller outline the federal laws that protect students with disabilities, give an overview of school choice programs, and explain how participating in school choice programs affects the rights of students with disabilities. They summarize arguments against students with disabilities participating in school choice programs and offer counterarguments and nuances, ultimately arguing that well-designed school choice programs are beneficial to students with disabilities. [Read Now]

How to Regulate the Internet

Federalist Society Review, Volume 18
Kathleen Q. Abernathy August 30, 2017

Former FCC Commissioner Kathleen Abernathy traces the history of the FCC’s approach to regulating the internet and favorably reports on the changes the new FCC Chairman Ajit Pai is making. [Read Now]

Luis v. United States: The Distinction That Makes All the Difference

Federalist Society Review, Volume 18
Dean A. Mazzone August 10, 2017
Civil Forfeiture: Three Recent Cases (Part 1)

Dean Mazzone discusses the Supreme Court’s 2016 decision in Luis v. United States, which dealt with asset forfeiture and the Sixth Amendment right to counsel. After summarizing the arguments of the plurality, concurring, and dissenting opinions, the author briefly discusses asset forfeiture more broadly and the potential ramifications of Luis. [Read Now]

Bottleneckers: The Origins of Occupational Licensing and What Can Be Done About Its Excesses

Federalist Society Review, Volume 18
Dick M. Carpenter, Ph.D. June 26, 2017
Abstract Businessman in Red tape

Dick Carpenter critically discusses economic regulation in general and occupational licensing in particular. He goes on to discuss Professor Randy Barnett’s theory that the Constitution should be interpreted to protect economic liberty, then proposes one way legislatures can protect economic liberty without sacrificing the public good. [Read Now]