Robert Delahunty & John Yoo: Saving Originalism
Michael Ramsey
Robert Delahunty (University of St. Thomas School of Law (Minnesota)) and John Yoo (University of California at Berkeley School of Law; American Enterprise Institute) have posted Saving Originalism (Michigan Law Review, Forthcoming) on SSRN. Here is the abstract: We review Akhil Amar's recent book, America's Unwritten Constitution (Basic 2012), the sequel to his successful and popular America's […]
Caryn Devins, et al.: Against Design
Michael Ramsey
Caryn Devins (Independent), Roger Koppl (Whitman School of Management), Stuart Kauffman (BiosGroup) and Teppo Felin (University of Oxford, Said Business School) have posted Against Design on SSRN. Here is the abstract: Institutions and the incentives they create can be designed or redesigned to produce desired outcomes. But design does not work if social and economic dynamics […]
Michael Dorf on Yates v. United States and King v. Burwell
Michael Ramsey
At Dorf on Law, Michael Dorf: Fish, Health Insurance, and Overcriminalization: A Comment on Yates v. United States. Here is an excerpt: What are the implications for King? There the question is how much of the broader linguistic context and background congressional purpose should be deemed relevant to construing the seeming limitation of federal subsidies for […]
Nelson Lund and Lawrence Solum (Separately) on Balkin’s “Living Originalism”
Michael Ramsey
Two comments on Jack Balkin: Lawrence B. Solum (Georgetown University Law Center) has posted Faith and Fidelity: Originalism and the Possibility of Constitutional Redemption (Texas Law Review, Vol. 91, No. 147) on SSRN. Here is the abstract: Could there be a progressive constitutional theory that is consistent with the core premises of originalism? This essay will answer […]
Stephen Matthew Feldman: New Originalism or Eclecticism?
Michael Ramsey
Stephen Matthew Feldman (University of Wyoming – College of Law) has posted Constitutional Interpretation and History: New Originalism or Eclecticism? (28 BYU Journal of Public Law 283, 2014) on SSRN. Here is the abstract: The goal of originalism has always been purity. Originalists claim that heir methods cleanse constitutional interpretation of politics, discretion, and indeterminacy. […]
Steven Calabresi & Justin Braga: The Jurisprudence of Justice Antonin Scalia
Michael Ramsey
Steven Calabresi (Northwestern University – School of Law) and Justin Braga (Brown University) have posted The Jurisprudence of Justice Antonin Scalia: A Response to Professor Bruce Allen Murphy and Professor Justin Driver on SSRN. Here is the abstract: This is a book review of Professor Bruce Allen Murphy’s recent biography of Justice Antonin Scalia entitled: Scalia: A Court […]
Jeffrey Brand: Eavesdropping on Our Founding Fathers
Michael Ramsey
Jeffrey Brand (University of San Francisco – School of Law) has posted Eavesdropping on Our Founding Fathers: How a Return to the Republic's Core Democratic Values Can Help Us Resolve the Surveillance Crisis (Harvard Journal of National Security, Vol 6, 2015) on SSRN. Here is the abstract: The 21st Century has brought with it a surveillance […]
David Bernstein & Ilya Somin: The Mainstreaming of Libertarian Constitutionalism
Michael Ramsey
David Bernstein (George Mason University School of Law) and Ilya Somin (George Mason University School of Law) have posted The Mainstreaming of Libertarian Constitutionalism (Law and Contemporary Problems, Vol. 77, No. 4, pp. 43-70, 2014 (Part of the Symposium on “Law and Neoliberalism”)). Here is the abstract: Libertarian constitutional thought is a distinctly minority position among scholars […]
Michel Rosenfeld: A Comparativist Critique of U.S. Judicial Review of Fundamental Rights Cases
Michael Ramsey
Michel Rosenfeld (Benjamin N. Cardozo School of Law) has posted A Comparativist Critique of U.S. Judicial Review of Fundamental Rights Cases: Exceptionalisms, Paradoxes and Contradictions (John Bell and Marie-Luce Paris, eds., Rights-Based Constitutional Review – Constitutional Courts in A Changing Landscape (Edward Elgar Publishing, Forthcoming 2015)) on SSRN. Here is the abstract: The aim of […]
Leo Strine Jr. & Nicholas Walter: Originalist or Original
Michael Ramsey
Leo Strine Jr. (Government of the State of Delaware – Supreme Court of Delaware; Harvard Law School; University of Pennsylvania Law School) and Nicholas Walter (Wachtell, Lipton, Rosen & Katz) have posted Originalist or Original: The Difficulties of Reconciling Citizens United with Corporate Law History on SSRN. Here is the abstract: Citizens United has been […]