Second Amendment Plumbing After McDonald Exploring the Contradiction in the Second Amendment
Mike Rappaport
Lawrence Rosenthal (Chapman University – School of Law) has posted Second Amendment Plumbing After McDonald Exploring the Contradiction in the Second Amendment (Northwestern University Law Review Colloquy, Vol. 85, p. 105, 2010) on SSRN. Here is the abstract: These essays were written for a debate with Professor Joyce Lee Malcolm appearing in the Northwestern University […]
The FCC’s New Theory of the First Amendment
Hannibal Travis (Florida International University College of Law) has posted The FCC's New Theory of the First Amendment on SSRN. Here is the abstract: This article describes the Federal Communications Commission’s new theory of the First Amendment, as articulated in the agency's decision sanctioning Comcast for blocking certain peer-to-peer file sharing traffic, later reversed by […]
Originalism in the Blogs
Lawrence B. Solum on Legal Theory Lexicon: Originalism Jon Roland on Lawgiver Anticipations.
Originalism on the Web
Michael Stokes Paulsen on Where in the Constitution is “Separation of Church and State”? Helena Silverstein reviews Church, State and Original Intent by Donald L. Drakeman Kurt T. Lash on The Origins of the Privileges or Immunities Clause, Part II: John Bingham and the Second Draft of the Fourteenth Amendment Matthew J. Frank on Is […]
Originalism on the Web
Mike Rappaport
Conor P. Williams and John Halpin on: The Progressivism of America’s Founding David Fontana reviews: Making Our Democracy Work: A Judge’s View by Stephen Breyer Tony Mauro on: Justice Breyer on Originalism, the Media and the Court
Incredible Credibility and the Original Meaning of the Fourth Amendment
Mike Rappaport
Jonathan S. Keim (Georgetown University Law Center) has posted Incredible Credibility: Administrative Detention of Food Articles, Probable Cause, and the Original Meaning of the Fourth Amendment (Georgetown Journal of Law & Public Policy, Vol. 6, No. 1, 2008) on SSRN. Here is the abstract: Under 2002 revisions to the Food, Drug and Cosmetic Act, federal […]
Recognition: A Case Study on the Original Understanding of Executive Power
Mike Rappaport
Robert Reinsteinhas (Temple University – James E. Beasley School of Law) has posted Recognition: A Case Study on the Original Understanding of Executive Power (Temple University Legal Studies Research Paper) on SSRN. Here is the abstract: This article focuses on a question never before examined in the literature: what evidence is there that those who […]
The Fourteenth Amendment: What Norms Did ‘We the People’ Establish?
Mike Rappaport
Michael J. Perry (Emory University School of Law) has posted The Fourteenth Amendment: What Norms Did 'We the People' Establish? on SSRN. Here is the abstract: Unlike, for example, Michael Kent Curtis, whose colleague I was privileged to be for several years, I am not a legal historian. I am, however, a connoisseur of legal […]