Jane S. Schacter: Text or Consequences?
Michael Ramsey
Jane S. Schacter (Stanford Law School) has posted Text or Consequences? (Brooklyn Law Review, Vol. 76, No. 3, 2011) on SSRN. Here is the abstract: The magnetic pull of taxonomy is a well-worn feature of scholarship in the realm of statutory interpretation and beyond. Casting competing theories in bold relief and in terms of what […]
James Cleith Phillips: The Founders on Christian Legal Society v. Martinez
Michael Ramsey
James Cleith Phillips (University of California, Berkeley – School of Law Dept. of Jurisprudence & Social Policy) has posted 'All of the Blood and Treasure': The Founders on Christian Legal Society Chapter of the University of California, Hastings College of the Law v. Martinez (Mississippi College Law Review, Vol. 30, No. 1, 2011) on SSRN. […]
Originalism on the Web
Michael Ramsey
John Yoo and James C. Ho: The Sword and the Purse (Part 2); The President as Commander in Chief.
Originalism on the Web
Michael Ramsey
R.B. Berntein: The Constitution as an Exploding Cigar and Other “Historian’s Heresies” About a Constitutional Orthodox.
Originalism on the Web
Michael Ramsey
Pew Research Center: Ideological Chasm Over Interpreting Constitution Key finding: "public opinion is evenly divided about how the justices should interpret the Constitution when determining their rulings. Half of Americans (50%) say the Court’s rulings should be based on its understanding of what the U.S. Constitution means in current times, while about as many (45%) say […]
Originalism on the Web
Michael Ramsey
David F. Forte on Originalism in the Classroom.
Structural Exceptionalism and Comparative Constitutional Law
Michael Ramsey
Brinton Lucas has posted Structural Exceptionalism and Comparative Constitutional Law (Virginia Law Review, Vol. 96, p. 1965, 2010) on SSRN. Here is the abstract: For over the past two decades, there has been an ongoing debate over whether the Supreme Court should rely on comparative constitutional law when interpreting the U.S. Constitution. This Note offers […]
Developing the Duffy Defect
Michael Ramsey
Stacy Lindstedt (Oppenheimer Wolff & Donnelly LLP) has posted Developing the Duffy Defect: A Reasoned Approach to Identifying Which Government Workers are Constitutionally Required to be Appointed (Missouri Law Review, Fall 2011) on SSRN. Here is the abstract: In 2007 Professor John Duffy wrote a brief article questioning whether administrative patent judges are constitutional officers […]
Originalism on the Web
Michael Ramsey
Geoffrey R. Stone on The Demise of "Originalism."
Origins of the Privileges and Immunities of State Citizenship under Article IV
Michael Ramsey
Stewart Jay (University of Washington School of Law) has posted Origins of the Privileges and Immunities of State Citizenship under Article IV on SSRN. Here is the abstract: The Privileges and Immunities Clause of Article IV provides: The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several […]