William Baude and Ryan Doerfler: Arguing with Friends
Michael Ramsey
William Baude (University of Chicago – Law School) and Ryan D. Doerfler (University of Pennsylvania Law School) have posted Arguing with Friends (U of Penn Law School) on SSRN. Here is the abstract: It is a fact of life that judges sometimes disagree about the best outcome in appealed cases. The question is what they […]
Stephen Sachs: Originalism Without Text
Michael Ramsey
Stephen E. Sachs (Duke University School of Law) has posted Originalism Without Text (Yale Law Journal, forthcoming) on SSRN. Here is the abstract: Originalism is not about the text. Though the theory is often treated as a way to read the Constitution's words, that conventional view is misleading. A society can be recognizably originalist without […]
Derek Black: The Constitutional Compromise to Guarantee Education
Michael Ramsey
Derek W. Black (University of South Carolina – School of Law) has posted The Constitutional Compromise to Guarantee Education (Stanford Law Review, forthcoming) on SSRN. Here is the abstract: Although the Supreme Court refused to recognize education as a fundamental right in San Antonio v. Rodriguez, the Court in several other cases has emphasized the […]
Robert Black: Redundant Amendments
Michael Ramsey
Robert M. Black (Independent) has posted Redundant Amendments: What the Constitution Says When it Repeats Itself (University of Detroit Mercy Law Review, Vol. 94, No. 2, 2017) on SSRN. Here is the abstract: We think of constitutional amendments as the mechanism through which the Constitution changes, but some amendments have been at least partially redundant. […]
Rebecca Zietlow: James Ashley, the Great Strategist of the Thirteenth Amendment
Michael Ramsey
Rebecca Zietlow (University of Toledo College of Law) has posted James Ashley, the Great Strategist of the Thirteenth Amendment (Georgetown Journal of Law & Public Policy, Vol. 15, No. 265, 2017) on SSRN. Here is the abstract: Although little known outside a small group of historians, James Ashley, a Republican Congressman from Ohio, played a […]