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Most Recent Print Issue

Volume 69, Issue 4 

Published March 2021

ARTICLE

The Future of Antitrust: New Challenges to the Consumer Welfare Paradigm and Legislative Proposal
with John B. Nalbandian, Makan Delrahim, Gene Kimmelman, Maureen Ohlhausen & Rainer Wessely

On November 14, 2019, the Federalist Society's Corporations, Securities, & Antitrust Practice Group hosted a panel for the 2019 National Lawyers Convention at the Mayflower Hotel in Washington, DC. The panel discussed "The Future of Antitrust: New Challenges to the Consumer Welfare Paradigm and Legislative Proposals”.

ARTICLE

Why, or Why Not, Be an Originalist?
with Dean Reuter, Thomas Hardiman, Amy Coney Barrett, Michael C. Dorf, Saikrishna B. Prakash & Richard Pildes

On November 15, 2019, the Federalist Society hosted the second showcase panel of the 2019 National Lawyers Convention at the Mayflower Hotel in Washington, DC. The topic of the panel was “Why, or Why Not, Be an Originalist?” There are a variety of arguments for following originalism today, such as justifications rooted in language, positivism, sovereignty, and consequences. This panel would look at many normative positions for and against originalism.

ARTICLE

Cloudy with a Chance of Government Intrusion: The Third-Party Doctrine in the 21st Century
by Steven Arango

Technology may be created by humans, but we are dependent on it. Look around you: what technology is near you as you read this abstract? An iPhone? A laptop? Perhaps even an Amazon Echo. What do all these devices have in common? They store data in the cloud. And this data can contain some of our most sensitive information, such as business records or medical documents.... [Continue reading here].

ARTICLE

Appellate Review of Courts-Martial in the United States
by Scott W. Stucky

Presented as the Keynote Address at the 2020 Catholic University Law Review Symposium.

COMMENT

The Path Less Traveled: A Natural Law Critique of Justice Holmes' Path of the Law
by Alexander Hamilton

American law and jurisprudence fail to solve fundamental problems in our country. Every lawyer and judge practices, knowingly or unknowingly, from a particular philosophy of law. Much of the practice of law in the United States is rooted in the thought of Justice Oliver Wendell Holmes, Jr. Holmes taught that law was not grounded in morality and logic, but rather the pragmatic rulings of judges.… [Continue reading here]. .  

COMMENT

Wrongful Incarceration Causes Substantial Bodily Harm: Why Lawyers Should be Allowed to Breach Confidentiality to Help Exonerate the Innocent
By Vania M. Smith

The Model Rules of Professional Conduct (MRPC) governs the conduct of lawyers and provides the framework for how individual states and territories craft their rules. Rules regarding confidentiality have been central through the many iterations of these rules since their inception. Client confidentiality protections are critical to establishing and maintaining the public trust in the profession.… [Continue reading here].   

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