The only scholarly book to critique the Court from a Madisonian perspective, grounded in the nation's first principles: liberty and limited government.
The only scholarly book to critique the Court from a Madisonian perspective, grounded in the nation's first principles: liberty and limited government.
FOREWORD - The Review's publisher contrasts the reasoning of the chief justice in King v. Burwell and Obergefell v. Hodges. By Roger Pilon AFFORDABLE CARE ACT - King v. Burwell - Are tax credits available to individuals who purchase health insurance on the federal exchange? By Jonathan H. Adler & Michael F. Cannon AFFORDABLE CARE ACT - King v. Burwell - Broader issues relating to the "exchange established by the state" statutory debate, including federalism. By James F. Blumstein SAME SEX MARRIAGE - Obergefell v. Hodges - Does the Fourteenth Amendment require states to recognize and license same-sex marriages? By William Eskridge, Jr. RELIGIOUS ACCOMMODATION - EEOC v. Abercrombie & Fitch - Must employers inquire into individuals' religious preferences in order to provide accommodations? By Walter Olson RACIAL DISCRIMINATION - Texas Dept. of Housing & Comm. Affairs v. Inclusive Communities Project - Are disparate-impact claims allowed under the Fair Housing Act? By Roger Clegg ANTITRUST AND OCCUPATIONAL LICENSING - N.C. Board of Dental Examiners v. FTC - The antitrust implications of state boards composed of industry participants. By Timothy Sandefur CRIMINAL STATUTORY INTERPRETATION - Yates v. United States - Does Sarbanes-Oxley's anti-shredding provision apply to the disposal of fish? By John G. Malcolm PRIVACY - Los Angeles v. Patel - Can police departments inspect hotel-guest information on demand and without a warrant? By Luke Milligan environmental regulation - Michigan v. EPA - Must administrative agencies consider the costs of their rules before issuing them? By Andrew M. Grossman property rights - Horne v. Department of Agriculture - Must the government pay just compensation when it confiscates personal property (here, raisins)? By Michael W. McConnell Administrative procedure - Perez v. Mortgage Bankers Assoc. - Is there a difference between "legislative" and "interpretive" rules under the Administrative Procedure Act? By Adam J. White DELEGATING LEGISLATIVE POWER - Dept. of Transportation v. Association of American Railroads - For purposes of regulating passenger railroad services, is Amtrak a governmental entity? By Alexander Volokh SPECIAL FEATURES INCLUDE MINIMALISM AND ITS LIMITS - In this written version of the 2014 B. Kenneth Simon Lecture in Constitutional Thought, Judge Diane S. Sykes examines minimalism as a theory of judicial decision making. LOOKING AHEAD - Noted Supreme Court advocate John P. Elwood outlines and predicts the 2015-2016 term.
FOREWORD - The Review's publisher contrasts the reasoning of the chief justice in King v. Burwell and Obergefell v. Hodges. By Roger Pilon AFFORDABLE CARE ACT - King v. Burwell - Are tax credits available to individuals who purchase health insurance on the federal exchange? By Jonathan H. Adler & Michael F. Cannon AFFORDABLE CARE ACT - King v. Burwell - Broader issues relating to the "exchange established by the state" statutory debate, including federalism. By James F. Blumstein SAME SEX MARRIAGE - Obergefell v. Hodges - Does the Fourteenth Amendment require states to recognize and license same-sex marriages? By William Eskridge, Jr. RELIGIOUS ACCOMMODATION - EEOC v. Abercrombie & Fitch - Must employers inquire into individuals' religious preferences in order to provide accommodations? By Walter Olson RACIAL DISCRIMINATION - Texas Dept. of Housing & Comm. Affairs v. Inclusive Communities Project - Are disparate-impact claims allowed under the Fair Housing Act? By Roger Clegg ANTITRUST AND OCCUPATIONAL LICENSING - N.C. Board of Dental Examiners v. FTC - The antitrust implications of state boards composed of industry participants. By Timothy Sandefur CRIMINAL STATUTORY INTERPRETATION - Yates v. United States - Does Sarbanes-Oxley's anti-shredding provision apply to the disposal of fish? By John G. Malcolm PRIVACY - Los Angeles v. Patel - Can police departments inspect hotel-guest information on demand and without a warrant? By Luke Milligan environmental regulation - Michigan v. EPA - Must administrative agencies consider the costs of their rules before issuing them? By Andrew M. Grossman property rights - Horne v. Department of Agriculture - Must the government pay just compensation when it confiscates personal property (here, raisins)? By Michael W. McConnell Administrative procedure - Perez v. Mortgage Bankers Assoc. - Is there a difference between "legislative" and "interpretive" rules under the Administrative Procedure Act? By Adam J. White DELEGATING LEGISLATIVE POWER - Dept. of Transportation v. Association of American Railroads - For purposes of regulating passenger railroad services, is Amtrak a governmental entity? By Alexander Volokh SPECIAL FEATURES INCLUDE MINIMALISM AND ITS LIMITS - In this written version of the 2014 B. Kenneth Simon Lecture in Constitutional Thought, Judge Diane S. Sykes examines minimalism as a theory of judicial decision making. LOOKING AHEAD - Noted Supreme Court advocate John P. Elwood outlines and predicts the 2015-2016 term.
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