Erwin Chemerinsky on Objective Judging
Michael Ramsey
At Constitution Daily, Erwin Chemerinsky: There is No Such Thing as Objective Judging. Here is an excerpt: There is no such thing as objective constitutional law, or objective law in any area. Supreme Court justices inevitably must make value choices in deciding cases, and these decisions inherently are a product of their life experiences and views. […]
Jeremy Christiansen: Returning to the Original Meaning of State Prohibitions on Unreasonable Searches and Seizures
Michael Ramsey
Jeremy Christiansen (Independent) has posted Returning to the Original Meaning of State Prohibitions on Unreasonable Searches and Seizures on SSRN. Here is the abstract: All fifty states have search and seizure provisions in their state constitutions. And the overwhelming majority of those states have opted to interpret those provisions as including an exclusionary rule, similar to […]
Steven Menashi & Judge Douglas Ginsburg: Rational Basis With Economic Bite
Michael Ramsey
Steven Menashi (New York University School of Law) and Judge Douglas Ginsburg (U.S. Court of Appeals for the District of Columbia Circuit ; George Mason University School of Law) have posted Rational Basis With Economic Bite (NYU Journal of Law & Liberty, Vol. 8, No. 3, p. 1055, 2014) on SSRN. Here is the abstract: In […]
Michael Zimmer on The Supremes’ Category Mistake Plus Magical Money Thinking
Michael Ramsey
At Concurring Opinions, Michael Zimmer: The Supremes’ Category Mistake Plus Magical Money Thinking. An excerpt: In Citizens United, the Court made a category mistake: Because money effects speech, money is speech. Last term the Court extended that mistake in Harris v. Quinn: Money is speech even if there is no other speech. This post will […]
Seth Barrett Tillman (and Others) on Zivotofsky
Michael Ramsey
Seth Barrett Tillman sends this comment: You wrote: "But, Congress must always act pursuant to the powers given to it in the Constitution." See http://originalismblog.typepad.com/the-originalism-blog/2014/11/kontorovich-v-ramsey-on-zivotofskymichael-ramsey.html (11/7/2014). You considered several Article I powers (e.g., commerce & naturalisation) which might support Congress' purported power to control passport design. But you rejected those Article I powers as insufficient to authorise […]
Ilya Somin: Libertarianism and Originalism in “The Classical Liberal Constitution”
Michael Ramsey
Ilya Somin (George Mason University School of Law) has posted Libertarianism and Originalism in The Classical Liberal Constitution (New York University Journal of Law & Liberty, Vol. 8, No. 3, pp. 1045-1054, 2014 (Symposium on Richard Epstein, The Classical Liberal Constitution)) on SSRN. Here is the abstract: Richard Epstein’s The Classical Liberal Constitution is an impressive […]
Brian Bix: New Legal Realism and the Explanation of Judicial Behavior
Michael Ramsey
Brian Bix (University of Minnesota Law School) has posted New Legal Realism and the Explanation of Judicial Behavior: Doctrine, Data, and High Theory on SSRN. Here is the abstract: This article was originally presented at the New Legal Realism 10th Anniversary Conference, held at the University of California-Irvine Law School in August 2014, for the panel, […]
Alison LaCroix: Redeeming Bond?
Michael Ramsey
In the current issue of the Harvard Law Review Forum, Alison LaCroix (University of Chicago Law School) has the article Redeeming Bond? (128 Harv. L. Rev. F. 31 (Nov. 2014)) (responding to Heather K. Gerken, The Supreme Court, 2013 Term — Comment: Slipping the Bonds of Federalism, 128 Harv L. Rev. 85, 90 (2014)). From the introduction: […]
Josh Blackman: The Burden of Judging
Michael Ramsey
Josh Blackman (South Texas College of Law) has posted The Burden of Judging (8 NYU Journal of Law & Liberty 1105) on SSRN. Here is the abstract: Constitutional law is built on the bedrock foundation that courts should defer to the democratic process, especially in the context of economic regulations, unless the law touches on […]
Earl Maltz: The Joint Committee on Reconstruction and the Drafting of the Fourteenth Amendment
Michael Ramsey
Earl Maltz (Rutgers School of Law-Camden) has posted Moving Beyond Race: The Joint Committee on Reconstruction and the Drafting of the Fourteenth Amendment (Hastings Constitutional Law Quarterly, forthcoming) on SSRN. Here is the abstract: April 28th, 1866 was by any standard a pivotal moment in the evolution of American constitutional law. On that date, the Joint […]