Daniel Hulsebosch: Constitution-Making and the Wider World in the American Revolution
Michael Ramsey
Daniel Hulsebosch (New York University School of Law) has posted The Revolutionary Portfolio: Constitution-Making and the Wider World in the American Revolution (Suffolk University Law Review, Vol. 47, 2014) on SSRN. Here is the abstract: This article argues that American constitution-making in the founding era was an international process. At the outset of the Revolution, the […]
Ronald Cass: New York Times Co. v. Sullivan and the Misdirection of First Amendment Doctrine
Michael Ramsey
Ronald Cass (Center for the Rule of Law ; Cass & Associates, PC ; Boston University School of Law) has posted Weighing Constitutional Anchors: New York Times Co. v. Sullivan and the Misdirection of First Amendment Doctrine (First Amendment Law Review, Vol. 12 (Winter, 2014 Forthcoming)) on SSRN. Here is the abstract: This essay explains why […]
Gerald Leonard: Jefferson’s Constitution
Michael Ramsey
Gerald Leonard (Boston University School of Law) has posted Jefferson's Constitutions (forthcoming in CONSTITUTIONS AND THE CLASSICS: PATTERNS OF CONSTITUTIONAL THOUGHT FROM JOHN FORTESCUE TO JEREMY BENTHAM (D.J.Galligan ed., 2014)) on SSRN. Here is the abstract: Between 1787 and 1840, the Constitution gained a far more democratic meaning than it had had at the Founding, and […]
Gerard Magliocca on John Bingham and Thomas Jefferson
Michael Ramsey
At Concurring Opinions, Gerard Magliocca: John Bingham and Thomas Jefferson. Here is an excerpt: I think I’ve come across an interesting inflection point in constitutional discourse (or what others might call an example of intergenerational synthesis.) In 1871, John Bingham gave an address on the House floor in support of the Ku Klux Klan Act that […]
Mitchell Berman: Judge Posner’s Simple Law
Michael Ramsey
Mitchell Berman (University of Pennsylvania Law School) has posted Judge Posner's Simple Law (Michigan Law Review, 2015, Forthcoming; U of Penn Law School, Public Law Research Paper No. 14-36) on SSRN. Here is the abstract: The world is complex, Richard Posner observes in his most recent book, Reflections on Judging. It follows that, to resolve real-world disputes […]
Andrew Friedman: Can Constitutional Drafters See the Future?
Michael Ramsey
Andrew Friedman (Independent) has posted Can Constitutional Drafters See the Future? No, and It's Time to Acknowledge That on SSRN. Here is the abstract: Perhaps the greatest trouble with constitutional drafting is its tendency to look backward, at the country’s own political and legal history along with international comparative sources. This makes it difficult for provisions […]
Abbe Gluck: What 30 Years of Chevron Teach Us About the Rest of Statutory Interpretation
Michael Ramsey
Abbe Gluck (Yale Law School) has posted What 30 Years of Chevron Teach Us About the Rest of Statutory Interpretation (Fordham Law Review, Vol. 83, 2014) on SSRN. Here is the abstract: Chevron, the most famous rule of administrative law, is also a central doctrine of statutory interpretation. But Chevron is understood and operates quite differently […]
Michael Morley: The Intratextual Independent ‘Legislature’ and the Elections Clause
Michael Ramsey
Michael Morley (Barry University School of Law) has posted The Intratextual Independent 'Legislature' and the Elections Clause on SSRN. Here is the abstract: Article I’s Elections Clause and Article II’s Presidential Electors Clause confer authority to regulate congressional and presidential elections, respectively, specifically to State "legislatures," rather than to States as a whole. In the pending […]
Donald Drakeman: A Commentary on Richard Ekins’ ‘The Nature of Legislative Intent’
Michael Ramsey
Donald Drakeman (University of Cambridge; Notre Dame Law School) has posted Charting a New Course in Statutory Interpretation: A Commentary on Richard Ekins' 'The Nature of Legislative Intent' (Cornell Journal of Law and Public Policy, Vol. 24, No. 1, 2014) on SSRN. Here is the abstract: Jettisoned by many modern scholars, legislative intent is a critical […]
Suzanna Sherry: The Classical Constitution and the Historical Constitution
Michael Ramsey
Suzanna Sherry (Vanderbilt University – Law School) has posted The Classical Constitution and the Historical Constitution: Separated at Birth (8 NYU Journal of Law & Liberty 983 (2014)) on SSRN. Here is the abstract: As part of symposium on Richard Epstein’s new book, The Classical Liberal Constitution, this article points out that his purportedly historical approach is […]