Mark Graber: The Declaration of Independence as Canon Fodder
Michael Ramsey
Mark Graber (University of Maryland – Francis King Carey School of Law) has posted The Declaration of Independence as Canon Fodder (Tulsa Law Review, Vol. 49, p. 469, 2013) on SSRN. Here is the abstract: Reviewing Alexander Tsesis, For Liberty and Equality: The Life and Times of the Declaration of Independence (2012); Justin Buckley Dyer, Natural […]
Ilya Somin: Libertarianism and Federalism
Michael Ramsey
Ilya Somin (George Mason University School of Law) has posted Libertarianism and Federalism (Cato Institute Policy Analysis No. 751) on SSRN. Here is the abstract: Federalism is a political system with multiple levels of government, each of which has some degree of autonomy from the others. The United States has a federalist system that encompasses the […]
Glen Staszewski: The Dumbing Down of Statutory Interpretation
Michael Ramsey
Glen Staszewski (Michigan State University College of Law) has posted The Dumbing Down of Statutory Interpretation (Boston University Law Review, Vol. 95, No. 1, 2015) on SSRN. Here is the abstract: This Article criticizes a recent movement toward making statutory interpretation simpler and more uniform. The trend is reflected by proposals to adopt codified rules of […]
Renee Lettow Lerner: The Failure of Originalism in Preserving Constitutional Rights to Civil Jury Trial
Michael Ramsey
Renee Lettow Lerner (George Washington University Law School) has posted The Failure of Originalism in Preserving Constitutional Rights to Civil Jury Trial (William & Mary Bill of Rights, Vol. 28, p. 811, 2014; GWU Law School Public Law Research Paper No. 2014-52) on SSRN. Here is the abstract: The Federal Bill of Rights and state constitutions rely […]
Steven Calabresi: Gay Marriage and the Fourteenth Amendment from the Originalist Perspective
Michael Ramsey
Steven Calabresi (Northwestern University – School of Law) has posted Gay Marriage and the Fourteenth Amendment (Northwestern Public Law Research Paper No. 14-51) on SSRN. Here is the abstract: This essay examines the original meaning of the equality guarantee in American constitutional law. It looks are the seventeenth, eighteenth, and nineteenth century roots of the modern […]
Randolph May & Seth Cooper: Intellectual Property Rights Under the Constitution’s Rule of Law
Michael Ramsey
Randolph May (The Free State Foundation) and Seth Cooper (The Free State Foundation) has posted Intellectual Property Rights Under the Constitution's Rule of Law (Perspectives from FSF Scholars, Vol. 9, No. 31) on SSRN. Here is the abstract: Today, the rule of law is all but universally recognized as a fundamental attribute of a free and just […]
Richard Re on Ebola, Epidemics, and Federalism
Michael Ramsey
At Re's Judicata, Richard Re: Ebola, Epidemics, and Federalism. Here is an excerpt: The Ebola epidemic has made emergency public health measures a subject of global importance. Within the US, attention has focused on federal efforts to monitor potentially contagious persons entering the country, and on both state and federal efforts to curb the spread […]
Donald Wilkes: Habeas Corpus Proceedings in the High Court of Parliament in the Reign of James I
Michael Ramsey
Donald E. Wilkes, Jr. (University of Georgia Law School) has posted Habeas Corpus Proceedings in the High Court of Parliament in the Reign of James I, 1603-1625 (54 Am. J. Legal Hist. 200 (2014)) on SSRN. Here is the abstract: English parliamentary habeas corpus proceedings have been neglected by scholars. This Article ends that neglect. This […]
Gerard Magliocca Replies on the Arizona Redistricting Case
Michael Ramsey
At Concurring Opinions, Gerard Magliocca replies to my earlier post on his views of the Arizona State Legislature case. Here is an excerpt: In several places the Constitution clearly says that only “the Legislature” can do something. For the regulation of congressional districts, though, the Constitution says that “[T]he Times, Places, and Manner of holding Elections for Senators […]
Mila Sohoni: The Power to Privilege
Michael Ramsey
Mila Sohoni (University of San Diego School of Law) has posted The Power to Privilege (University of Pennsylvania Law Review, Vol. 163, 2015, Forthcoming) on SSRN. Here is the abstract: A new and startling development has recently occurred in the law of delegation: Congress has for the first time expressly delegated to an administrative agency the […]