Tomas Gomez-Arostegui: Patent-infringement Actions in the Eighteenth Century and the Right to a Jury Trial
Michael Ramsey
Tomas Gomez-Arostegui (Lewis & Clark College – Lewis & Clark Law School) has posted Patent-infringement Actions in the Eighteenth Century and the Right to a Jury Trial (84 pages) on SSRN. Here is the abstract: This Article offers a wide-ranging reappraisal of patent-infringement litigation in the law courts of England in the 18th century. Infringement actions […]
Thomas A. Smith: Common-Good Constitutionalism and the Reoccupation of Jurisdiction
Michael Ramsey
Thomas A. Smith (University of San Diego School of Law) has posted The Ruler’s Equity: Common-Good Constitutionalism and the Reoccupation of Jurisdiction (48 pages) on SSRN. Here is the abstract: This article argues that the classical legal tradition rests on two commitments, an account of the ends of law and an account of the form […]
Ethan Yan: “Common Use” and the Right to Bear Arms
Michael Ramsey
Ethan Yan (Yale Law School, JD ’28) has posted “Common Use” and the Right to Bear Arms (50 pages) on SSRN. Here is the abstract: Since the U.S. Supreme Court’s holding in District of Columbia v. Heller that firearms commonly used for lawful purposes receive constitutional protection, litigants have relied on ownership statistics to challenge firearm restrictions. […]
Aderson Francois & Helen Hershkoff: Pennoyer, Due Process, and the End of Reconstruction
Michael Ramsey
Aderson Francois (Georgetown University Law Center) & Helen Hershkoff (New York University School of Law) have posted Pennoyer, Due Process, and the End of Reconstruction (NYU Law Review, forthcoming) (85 pages) on SSRN. Here is the abstract: In 1877, the United States withdrew the last of its troops from the states of the former Confederacy and returned […]
Samuel Bray et al.: Prescribing Religion
Michael Ramsey
Samuel L. Bray (University of Chicago Law School), Nathan S. Chapman (University of Georgia School of Law) & Brent Strawn (Duke University) have posted Prescribing Religion: The Ten Commandments on Classroom Walls (80 pages) on SSRN. Here is the abstract: Several states have recently enacted laws requiring the display of the Ten Commandments in public schools. This Article […]
Christopher Wolfe on Charles Thach on Executive Power
Michael Ramsey
At Law & Liberty, Christopher James Wolfe (St. Thomas – Houston, Political Science): Dispatching Humphrey’s Executor. From the introduction: For most court watchers, the blockbuster case of 2026 was the birthright citizenship case, Trump v. Barbara. But for teachers of National Powers cases like myself, the blockbuster was Trump v. Slaughter on the president’s power to remove a […]
Elias Neibart: Lawyer’s Meaning is Lawful Meaning
Michael Ramsey
Elias Neibart (Law Clerk to Judge Steven J. Menashi, U.S. Court of Appeals for the Second Circuit, 2025–26) has posted Lawyer’s Meaning is Lawful Meaning (56 pages) on SSRN. Here is the abstract: Many textualists think that, when we interpret texts, our goal is to uncover their “ordinary meaning.” We have to put ourselves in […]
Jonathan Goldstein: The Militia of the Sea
Michael Ramsey
Jonathan Goldstein (University of Pennsylvania Carey Law School) has posted The Militia of the Sea: The Marque and Reprisal Clause as Textual Proof of Private Heavy-Arms Ownership at the Founding (54 pages) on SSRN. Here is the abstract: Courts and litigants increasingly say the Second Amendment reaches only the weapons one person can carry. The […]
Two New Bloggers: Charlie Capps and Ryan Snyder
Mike Rappaport
We are happy to welcome two new bloggers to the Originalism Blog: Charlie Capps from the Law School at Arizona State and Ryan Snyder from the University of Missouri School of Law. Both Charlie and Ryan are excellent scholars, and we are very happy that they have agreed to join us. Charlie’s first post is […]
Glenn Reynolds Reviews Carson Holloway’s “No Liberty to Libel”
Michael Ramsey
At Law & Liberty, Glenn Reynolds: Sullivan Revisited. From the introduction: Is New York Times v. Sullivan, the case in which the Supreme Court sharply limited libel suits by public officials—a group later expanded to “public figures”—now on shaky ground? Not long ago that would have been unthinkable. But nowadays, particularly in the wake of a […]