Dodging a Bullet: McDonald v. City of Chicago and the Limits of Progressive Originalism
Mike Rappaport
Dale Ho (NAACP Legal Defense Fund) has posted Dodging a Bullet: McDonald v. City of Chicago and the Limits of Progressive Originalism (William & Mary Bill of Rights Journal, Vol. 19, p. 369, 2010) on SSRN. Here is the abstract: The Supreme Court’s decision in last term’s gun rights case, McDonald v. City of Chicago, […]
Discrimination, Coercion, and the Bail Reform Act of 1984: The Loss of the Core Constitutional Protections of the Excessive Bail Clause
Mike Rappaport
Samuel Wiseman (University of Tulsa College of Law) has posted Discrimination, Coercion, and the Bail Reform Act of 1984: The Loss of the Core Constitutional Protections of the Excessive Bail Clause (Fordham Urban Law Journal, Vol. 36, No. 121, 2009) on SSRN. Here is the abstract: The core purpose of the Excessive Bail Clause was […]
‘Original’ Means Old, ‘Original’ Means New: An ‘Original’ Look at What ‘Originalists’ Do
Mike Rappaport
Harold Anthony Lloyd (Wake Forest University – School of Law) has posted 'Original' Means Old, 'Original' Means New: An 'Original' Look at What 'Originalists' Do on SSRN. Here is the abstract: This article explores two different forms of Constitutional "originalism." One form (that of Justice Thomas) purports to embrace the intent of a specific oracular […]
Originalism on the Web
Mike Rappaport
Originalism is being debated on college campuses these days, and not just by the faculty, as these posts from the Harvard Political Review illustrate: Sam Barr Weighing In: The Slippery Originalist. Paul Schied responds to Weighing In: The Slippery Originalist in Weighing In: New Rights vs. Old Rights.
How the Post-Framing Adoption of the Bare-Probable-Cause Standard Drastically Expanded Government Arrest and Search Power
Mike Rappaport
Thomas Y. Davies (University of Tennessee College of Law) has posted How the Post-Framing Adoption of the Bare-Probable-Cause Standard Drastically Expanded Government Arrest and Search Power (Law and Contemporary Problems, Vol. 73, p. 1, 2010) on SSRN. Here is the absract: Mere probable cause that a crime might have been committed did not suffice to […]
Originalism in the Blogs
Mike Rappaport
Mike Dorf on Against Habeas Originalism. Patrick J. Charles on Originalism Through Literary Works.
Originalism on the Web
Mike Rappaport
Rick Ungar on Congress Passes Socialized Medicine and Mandates Health Insurance -In 1798. Ungar claims that: The law was not only the first time the United States created a socialized medical program (The Marine Hospital Service) but was also the first to mandate that privately employed citizens be legally required to make payments to pay […]
Originalism in the Blogs
Mike Rappaport
Jason Kuznicki on Why Originalism?
Originalism on the Web
Mike Rappaport
Eric A. Posner on Why Originalism Is So Popular. Posner, who is something of a rightwing nonoriginalis, emphasizes what I regard as two of the major criticisms of many originalist theories: First, that originalism requires a workable constitutional amendment system, but our system does not produce amendments. Second, that many nonoriginalist decisions have very strong […]
Originalism on the Web
Mike Rappaport
Scott Lemieux on The Essential Meaningless of the “Original Intent/Original Meaning” Distinction. Gordon S. Wood reviews The Whites of Their Eyes: The Tea Party’s Revolution and the Battle Over American History by Jill Lepore. Although Wood seems to have the same critical view of (and I would say misunderstanding of) originalism as other historians, he […]