Anita Krishnakumar: Dueling Canons
Michael Ramsey
Anita Krishnakumar (St. John's University – School of Law) has posted Dueling Canons on SSRN. Here is the abstract: This Article offers the first targeted study of the Supreme Court’s use of the canons and other tools of statutory interpretation in a “dueling” manner — i.e., to support opposing outcomes in both the majority and dissenting opinions […]
Curtis Bradley & Neil Siegel: Historical Practice, Textual Ambiguity, and Constitutional Adverse Possession
Michael Ramsey
Curtis Bradley (Duke University – School of Law) and Neil Siegel (Duke University – School of Law) have posted After Recess: Historical Practice, Textual Ambiguity, and Constitutional Adverse Possession (Supreme Court Review, Forthcoming) on SSRN. Here is the abstract: The Supreme Court’s interpretation of the Recess Appointments Clause in NLRB v. Noel Canning stands as one of […]
Daniel Rice: Territorial Annexation as a ‘Great Power’ (UPDATED)
Michael Ramsey
Daniel Rice (Duke Law School, J.D. '15) has posted Territorial Annexation as a 'Great Power' (Duke Law Journal, Vol. 64, No. 4, 2015) on SSRN. Here is the abstract: The Roberts Court has recently begun reviving a long-latent structural constitutional principle — that some unenumerated powers are too important to be inferred through the Necessary and […]
Gregory Brazeal: Constitutional Fundamentalism
Michael Ramsey
Gregory Brazeal (U.S. Army JAG Corps) has posted Constitutional Fundamentalism on SSRN. Here is the abstract: There is widespread agreement that judges’ and legal scholars’ interpretations of the Constitution should be based on what the Constitution means, not what the interpreter believes it should mean. There is equally widespread agreement that this principle is more honored […]
Myron Steele & Peter Tsoflias: Realigning the Constitutional Pendulum
Michael Ramsey
Myron Steele (Government of the State of Delaware – Supreme Court of Delaware) and Peter Tsoflias (Widener University – School of Law) have posted Realigning the Constitutional Pendulum (Albany Law Review (2014)) on SSRN. Here is the abstract: The United States Constitution — an instrument modeled after state constitutions — uniquely creates a federal government of limited […]
Josh Blackman: Congressional Acquiescence to Deferred Action
Michael Ramsey
Josh Blackman (South Texas College of Law) has posted The Constitutionality of DAPA Part I: Congressional Acquiescence to Deferred Action (103 Georgetown Law Journal Online (2015 Forthcoming)) on SSRN. Here is the abstract: On November 19, 2014, the Department of Justice's Office of Legal Counsel issued an opinion entitled The Department of Homeland Security's Authority to […]
William Baude: State Regulation and the Necessary and Proper Clause
Michael Ramsey
William Baude (University of Chicago Law School) has posted State Regulation and the Necessary and Proper Clause (Case Western Reserve Law Review, Vol. 65, 2015) on SSRN. Here is the abstract: The new marijuana federalism is here, but is it here to stay? This paper worries about that question by way of two related points, a […]
Robert Tsai: Legal Language in Nineteenth-Century America
Michael Ramsey
Robert Tsai (American University – Washington College of Law) has posted Legal Language in Nineteenth-Century America (Nan Goodman & Simon Stern (eds.), The Ashgate Research Companion to Law and Humanities in Nineteenth-Century America (2015)) on SSRN. Here is the abstract: This contribution explores the development of legal language in nineteenth-century America as a species of political […]
Tom Ginsburg: China’s Invisible Constitutional Enforcement Mechanism
Michael Ramsey
Tom Ginsburg (University of Chicago Law School) has posted Constitutional Interpretation in Law-Making: China's Invisible Constitutional Enforcement Mechanism (American Journal of Comparative Law, Forthcoming) on SSRN. Here is the abstract: It is conventional wisdom that China’s Constitution is unenforceable, and plays little role in China’s legal system, other than as a symbolic document. This view rests […]
Kurt Lash Responds to Richard Primus’ “The Limits of Enumeration”
Michael Ramsey
Kurt Lash (University of Illinois College of Law) has posted The Sum of All Delegated Power: A Response to Richard Primus, The Limits of Enumeration (The Yale Law Journal Forum, December 22, 2014) on SSRN. Here is the abstract: In his provocative article, The Limits of Enumeration, Richard Primus rejects what he calls the “internal-limits canon” […]