Profiling Originalism
Mike Rappaport
Jamal Greene (Columbia University – Law School), Stephen Ansolabehere (Harvard University – Department of Government), and Nathaniel Persily (Columbia Law School) have posted Profiling Originalism (Columbia Law Review, Vol. 111, No. 2, p. 356, 2011) on SSRN. Here is the abstract: Originalism is a subject of both legal and political discourse, invoked not just in […]
Plenary No Longer: How the Fourteenth Amendment ‘Amended’ Congressional Jurisdiction-Stripping Power
Mike Rappaport
Maggie McKinley (Stanford University Law School) has posted Plenary No Longer: How the Fourteenth Amendment 'Amended' Congressional Jurisdiction-Stripping Power (Stanford Law Review, Vol. 63, pp. 1213-1243, May 2011 ) on SSRN. Here is the abstract: This Note proposes a solution to the long-standing debate among federal courts scholars as to where to draw the limits […]
Laying Claim to the Constitution: The Promise of New Textualism
Mike Rappaport
James E. Ryan (University of Virginia School of Law) has posted Laying Claim to the Constitution: The Promise of New Textualism (Virginia Law Review, Vol. 97, November 2011) on SSRN. Here is the abstract: Living constitutionalism is largely dead. So, too, is old-style originalism. Instead, there is increasing convergence in the legal academy around what […]
Restoring ‘Life, Liberty, and the Pursuit of Happiness’ in Our Constitutional Jurisprudence: An Exercise in Legal History
Mike Rappaport
Patrick J. Charles has posted Restoring 'Life, Liberty, and the Pursuit of Happiness' in Our Constitutional Jurisprudence: An Exercise in Legal History on SSRN. Here is the abstract: On July 6, 1776, John Hancock sent letters to each of the colonial assemblies announcing the adoption of the Declaration of Independence. In doing so, Hancock stated […]
Originalism on the Web
Mike Rappaport
David Hudson Jr. on Justice Thomas: making waves in First Amendment jurisprudence.
Originalism on the Web
Mike Rappaport
Robert VerBruggen responds to Saul Cornell's New Originalism: A Constitutional Scam in New Essay on Originalism.
Originalism on the Web
Mike Rappaport
Garrett Epps on We the People: The far right has stolen the Constitution. It is ours to take back.
Scaling the Lexicon Fortress: The United States Supreme Court’s Use of Dictionaries in the Twenty-First Century
Mike Rappaport
Jeffrey L. Kirchmeier (CUNY School of Law) & Samuel Thumma (Perkins Coie) have posted Scaling the Lexicon Fortress: The United States Supreme Court’s Use of Dictionaries in the Twenty-First Century (Marquette Law Review, Vol. 94, 2010) on SSRN. Here is the abstract: This Article examines the Court’s use of dictionaries in the first decade of […]
Constitutional Scepticism
Mike Rappaport
Robin L. West (Georgetown University Law Center) has posted Constitutional Scepticism (Boston University Law Review, Vol. 72, No. 4, 1992) on SSRN. Here is the abstract: Interpretive constitutional debate over the last few decades has centered on two apparently linked questions: whether the Constitution can be given a determinate meaning, and whether the institution of […]
Corporations, the Original Understanding, and the Problem of Power
Mike Rappaport
Ian S. Speir (Georgetown University Law Center) has posted Corporations, the Original Understanding, and the Problem of Power on SSRN. Here is the abstract: How did Americans of the late eighteenth century conceive of the corporation and of its role in society? And how did that understanding square with the original, publicly understood meaning of […]