Frederick Mark Gedicks: Lawrence Solum and the Thesis of Immaculate Recovery
Michael Ramsey
Frederick Mark Gedicks (Brigham Young University – J. Reuben Clark Law School) has posted It's a Wonderful Originalism! Lawrence Solum and the Thesis of Immaculate Recovery (DPCE [Diritto Pubblico Comparato ed Europeo] Online 31:3 (Oct. 2017), 653-60) on SSRN. Here is the abstract: Part of an online symposium on Professor Lawrence Solum's account of originalism, this […]
Jeffrey Pojanowski: Why Should Anyone Be an Originalist?
Michael Ramsey
Jeffrey A. Pojanowski (Notre Dame Law School) has posted Why Should Anyone Be an Originalist? (Diritto Pubblico Comparato ed Europeo Online, Vol. 31, p. 583) on SSRN. Here is the abstract: This essay, a contribution to an international symposium on originalism [ed.: inspired by Professor Larry Solum's testimony in the Gorsuch hearings], offers a defense of […]
Cass Sunstein: Originalism
Michael Ramsey
Cass R. Sunstein (Harvard Law School; Harvard University – Harvard Kennedy School) has posted Originalism on SSRN. Here is the abstract: Originalism might be defended on two very different grounds. The first is that it is in some sense mandatory – for example, that it follows from the very idea of interpretation, from having a written […]
Or Bassok: Courts with Power
Michael Ramsey
Or Bassok (University of Nottingham – Faculty of Law and Social Sciences) has posted The Arendtian Dread: Courts with Power (Ratio Juris, forthcoming) on SSRN. Here is the abstract: Hannah Arendt was fearful not only of a populist President speaking in the name of the people and unbound by legality. She was also concerned that the […]
Gary Lawson: Confronting Crawford
Michael Ramsey
Gary Lawson (Boston University School of Law) has posted Confronting Crawford: Justice Scalia, the Judicial Method, and the Limits of Originalism (University of Chicago Law Review, forthcoming) on SSRN. Here is the abstract: Crawford v. Washington, which revamped (and even revolutionized) interpretation and application of the Sixth Amendment’s Confrontation Clause, just might be Justice Scalia’s most […]
Perry Dane: Religion, and Constitutional Reason
Michael Ramsey
Perry Dane (Rutgers Law School) has posted A Tale of Two Clauses: Privacy, Religion, and Constitutional Reason (William & Mary Bill of Rights Journal, forthcoming) on SSRN. Here is the abstract: This Article dissects two developments in widely separate areas of American constitutional law – the “reasonable expectation of privacy” test for the Fourth Amendment’s Search […]
Mark Frassetto: The First Congressional Debate on Public Carry and What It Tells Us about Firearm Regionalism
Michael Ramsey
Mark Anthony Frassetto (Everytown for Gun Safety) has posted The First Congressional Debate on Public Carry and What It Tells Us about Firearm Regionalism on SSRN. Here is the abstract: In the aftermath of District of Columbia v. Heller, a prominent issue remains unresolved: whether, or to what extent, the Second Amendment protects an individual right […]
Stephen Mortellaro: The Unconstitutionality of the Federal Ban on Noncitizen Voting and Congressionally-Imposed Voter Qualifications
Michael Ramsey
Stephen E. Mortellaro (George Washington University Law School) has posted The Unconstitutionality of the Federal Ban on Noncitizen Voting and Congressionally-Imposed Voter Qualifications (63 Loy. L. Rev. (2017, Forthcoming)) on SSRN. Here is the abstract: Congress strikes at the core of state sovereignty when it disenfranchises voters. Yet demands for national disenfranchisement laws have become pervasive […]
James Pfander and Daniel Birk: Adverse Interests and Article III: A Reply
Michael Ramsey
James E. Pfander (Northwestern University School of Law) and Daniel D. Birk (Eimer Stahl, LLP) have posted Adverse Interests and Article III: A Reply (Northwestern University Law Review, Vol. 111, No. 4, 2017) on SSRN. Here is the abstract: Scholars and jurists have long sought an explanation for why the Framers of Article III distinguished […]
Gregory Maggs: How Justice Thomas Determines the Original Meaning of Article II of the Constitution
Michael Ramsey
Gregory E. Maggs (George Washington University Law School) has posted How Justice Thomas Determines the Original Meaning of Article II of the Constitution on SSRN. Here is the abstract: This paper was presented at a panel on Justice Thomas and Article II at the Yale Federalist Society’s conference, "Celebrating Justice Thomas: 25 Years on the Supreme Court." It […]