James Pfander: Originalism and Change in the Law of Standing
Michael Ramsey
James E. Pfander (Northwestern University School of Law) has posted Scalia's Legacy: Originalism and Change in the Law of Standing (6 Brit. J. Am. Leg. Stud. 85 (2017)) on SSRN. Here is the abstract: Perhaps no single Justice fashioned as many changes to the law of standing as that most gifted originalist, Antonin Scalia. It was […]
Dakota Rudesill: The Land and Naval Forces Clause
Michael Ramsey
Dakota S. Rudesill (Ohio State University – Michael E. Moritz College of Law) has posted The Land and Naval Forces Clause (University of Cincinnati Law Review, Vol. 86, 2017) on SSRN. Here is the abstract: What is the best constitutional textual basis for key statutes that constrain the national security apparatus and the President’s control […]
Jud Campbell: Natural Rights and the First Amendment
Michael Ramsey
Jud Campbell (University of Richmond School of Law) has posted Natural Rights and the First Amendment (Yale Law Journal, forthcoming) on SSRN. Here is the abstract: The Supreme Court often claims that the First Amendment reflects an original judgment about the proper scope of expressive freedom. After a century of academic debate, however, the meanings […]
Daniel Cohen: The Distribution of Power in the Appointments Clause
Michael Ramsey
In the current edition of the Virginia Law Review, Daniel S. Cohen: Do Your Duty (!)(?) The Distribution of Power in the Appointments Clause. Here is the abstract: Judge Merrick Garland’s thwarted Supreme Court nomination has divided legal scholars over the meaning of the Appointments Clause. While some believe that the Senate and the President […]
Abbe Gluck: Justice Scalia’s Unfinished Business in Statutory Interpretation
Michael Ramsey
Abbe R. Gluck (Yale Law School) has posted Justice Scalia’s Unfinished Business in Statutory Interpretation: Where Textualism’s Formalism Gave Up (Notre Dame Law Review, Vol. 92, No. 5, 2017) on SSRN. Here is the abstract: Justice Scalia, in the end, was no interpretive formalist. He would not be pleased to hear this claim, but the […]
Lochlan Shelfer: How The Constitution Shall Not Be Construed
Michael Ramsey
Lochlan Shelfer (Independent) has posted How the Constitution Shall Not Be Construed (Brigham Young University Law Review, Vol. 2017, No. 2, 2017) to SSRN. Here is the abstract: The dominant historical narrative of the Ninth Amendment views the Clause as an exclusively “Federalist” provision with one purpose: to protect against the fear among Federalists that […]
Jill Wieber Lens: Justice Thomas, Civil Asset Forfeitures, and Punitive Damages
Michael Ramsey
Jill Wieber Lens (Baylor University – Law School) has posted Justice Thomas, Civil Asset Forfeitures, and Punitive Damages on SSRN. Here is the abstract: For centuries, governments have used civil asset forfeiture laws to seize property used in criminal activity and then use civil proceedings to take ownership of that same property. Forfeitures have caught […]
Joseph Kimble (and Others) on Textualism
Michael Ramsey
Joseph Kimble (WMU-Cooley Law School) has posted What the Michigan Supreme Court Wrought in the Name of Textualism and Plain Meaning: A Study of Cases Overruled, 2000–2015 (Wayne Law Review, Vol. 62, No. 3, 2017) on SSRN. Here is the abstract: This article reviews and codes 96 cases overruled by the Michigan Supreme Court during […]
Gary Lawson: The Original Insignificance of the Fifth Amendment’s Due Process of Law Clause
Michael Ramsey
Gary Lawson (Boston University School of Law) has posted Take the Fifth… Please!: The Original Insignificance of the Fifth Amendment's Due Process of Law Clause (Brigham Young University Law Review, forthcoming) on SSRN. Here is the abstract: The Fifth Amendment’s Due Process of Law Clause adds nothing to the Constitution’s original meaning. Every principle for […]
Jean Galbraith: Cooperative and Uncooperative Foreign Affairs Federalism
Michael Ramsey
In the current edition of the Harvard Law Review, Jean Galbraith has the book review Cooperative and Uncooperative Foreign Affairs Federalism. (reviewing Michael Glennon and Robert Sloane, Foreign Affairs Federalism: The Myth of National Exclusivity). From the the introduction: Foreign affairs are a matter for our national government. On this there was agreement from the beginning, […]