Originalism on the Web
Mike Rappaport
Michael C. Dorf on Who Killed the "Living Constitution"? This piece is from a few years ago, but it is on point. Unfortunately, I believe Dorf's key point is something of a non sequitor. He writes: For us living-Constitutionalists, the Constitution's current authority derives at least in substantial part from the fact that we the […]
The Tea Party Movement and the Contradictions of Popular Originalism
Mike Rappaport
Jared A. Goldstein (Roger Williams University School of Law) has posted The Tea Party Movement and the Contradictions of Popular Originalism (Roger Williams Univ. Legal Studies Paper No. 102) on SSRN. Here is the abstract: This Article examines the Tea Party movement’s popular originalism and its implications for both originalism and popular constitutionalism. The Tea […]
Originalism on the Web
Mike Rappaport
David A. Strauss on The Living Constitution.
Originalism on the Web
Mike Rappaport
Ben Zimmer on The Corpus in the Court: 'Like Lexis on Steroids.'
Originalism on the Web
Mike Rappaport
Gary L. McDowell on The moral foundations of originalism: Arbitrariness threatens rule of law.
Originalism on the Web
Mike Rappaport
Damon W. Root questions Are We All Originalists Now? Root is responding to Simon Lazarus on The Health Care Lawsuits: Unraveling A Century of Constitutional Law and The Fabric of Modern American Government and David Cole's answer to Is Health Care Reform Unconstitutional?
Judicial Culture and the Politicolegal Opportunity Structure: Explaining Bill of Rights Legal Impact in New Zealand
Mike Rappaport
David Erdos (University of Oxford – Centre for Socio-Legal Studies; Balliol College) has posted Judicial Culture and the Politicolegal Opportunity Structure: Explaining Bill of Rights Legal Impact in New Zealand (Law of Social Inquiry, Vol. 34, No. 1, 2009) on SSRN. Here is the abstract: This paper argues that the cultural self-understandings of the judiciary […]
Can You Handle the Truth? The Framers Preserved Common-Law Arrest and Search Rules in ‘Due Process of Law’ – ‘Fourth Amendment Reasonableness’ is Only a Modern, Destructive, Judicial Myth
Mike Rappaport
Thomas Y. Davies (University of Tennessee College of Law) has posted Can You Handle the Truth? The Framers Preserved Common-Law Arrest and Search Rules in 'Due Process of Law' – 'Fourth Amendment Reasonableness' is Only a Modern, Destructive, Judicial Myth (Texas Tech Law Review, Vol. 43, pp. 51-136, 2010) on SSRN. Here is the abstract: […]
Originalism on the Web
Mike Rappaport
Jon Roland on Comparative Originalism.
Originalism on the Web
Mike Rappaport
P A Keane on Originalism: Founders, Judges and Modesty.