Originalism in the Blogs
Mike Rappaport
Alan Gibson reviews Righteous Anger at the Wicked States: The Meaning of the Founders' Constitution by Prof Calvin Johnson. The TaxProf Blog provides an edited version of the review and a response by Prof Calvin Johnson.
Originalism on the Web
Mike Rappaport
George Thomas on Who’s Afraid of Original Meaning?
The Constitutional Limitations on State-Court Jurisdiction (Part Two)
Mike Rappaport
Ralph U. Whitten (Creighton University – School of Law) has posted The Constitutional Limitations on State-Court Jurisdiction: A Historical-Interpretative Reexamination of the Full Faith and Credit and Due Process Clauses (Part Two) (Creighton Law Review, Vol. 14, No. 735, 1981) on SSRN. Here is the abstract: This article discusses the original meaning of the due […]
The Constitutional Limitations on State-Court Jurisdiction (Part One)
Mike Rappaport
Ralph U. Whitten (Creighton University – School of Law) has posted The Constitutional Limitations on State-Court Jurisdiction: A Historical-Interpretative Reexamination of the Full Faith and Credit and Due Process Clauses (Part One) (Creighton Law Review, Vol. 14, No. 499, 1981) on SSRN. Here is the abstract: This article is about the constitutional limitations on state-court […]
Full Faith and Credit for Dummies
Mike Rappaport
Ralph U. Whitten (Creighton University – School of Law) has posted Full Faith and Credit for Dummies (Creighton Law Review, Vol. 38, No. 465, 2005) on SSRN. Here is the abstract: This article discusses the history of the Full Faith and Credit Clause, the original meaning of the clause, and the courts’ evolving interpretation of […]
Constitutional Interpretation in Federations and Its Impact on the Federal Balance
Arun Sagar (University of Rouen) has posted Constitutional Interpretation in Federations and Its Impact on the Federal Balance on SSRN. Here is the abstract: Most of the existing literature on judicial interpretation of federal constitutions focuses either on individual federations or on comparative studies of specific judicial techniques and/or the case law in specific fields. […]
Originalism on the Web
Mike Rappaport
Dena Potter reports Scalia: Stick to Constitution's original meaning Prof. David A. Fontana on Comparative Originalism in response to Prof. Jamal Greene, On the Origins of Originalism David Fontana's piece is interesting, especially his claim that "the post-colonial constitutions of Africa[] and Latin America, for instance, foster many originalist arguments." Unfortunately, there is no cite […]
Originalism on the Web
Mike Rappaport
Ed Whelan on The Originalism Blog (with references to some of his posts on originalism) Chris Holte on Defining Original Intent Joseph R. Stromberg on The Fourth Amendment and Faulty Originalism
Originalism on the Web
Mike Rappaport
Michael Boldin on Reclaiming the Commerce Clause Kevin W. Saunders on Violence, Sex and Obscenity
Constructing the Constitutional Canon: The Metonymic Evolution of Federalist 10
Mike Rappaport
Ian C. Bartrum (Drake Law School; Yale Law School) has posted Constructing the Constitutional Canon: The Metonymic Evolution of Federalist 10 (Yale Law School, Public Law Working Paper) on SSRN. Here is the abstract: This paper is part of larger symposium convened for the 2010 AALS annual meeting. In it I adapt some of my […]