Two Faces of Judicial Restraint (Or Are There More?) in McDonald v. Chicago
Mike Rappaport
Nelson Lund (George Mason) has posted Two Faces of Judicial Restraint (Or Are There More?) in McDonald v. Chicago on SSRN. Here is the abstract: “Judicial restraint” and its counterpart “judicial activism” are widely regarded as meaningless terms, useful primarily as rhetorical weapons with which to praise or condemn judicial decisions about which the speaker […]
Tort Liability and the Original Meaning of the Freedom of Speech, Press, and Petition
Mike Rappaport
Eugene Volokh has posted Tort Liability and the Original Meaning of the Freedom of Speech, Press, and Petititon on SSRN. Here is the abstract: Does the First Amendment limit common-law tort liability? New York Times Co. v. Sullivan said yes, but some argue this is a modern innovation. The Court’s turn to original meaning, including […]
The Originalism Blog: An Introduction
Mike Rappaport
Welcome to the Originalism Blog — the Blog of the Center for the Study of Constitutional Originalism at the University of San Diego School of Law. At the Originalism Center, we have followed with enthusiasm the expansion of interest in originalism in recent years, but have noticed that there is no blog devoted to cataloguing […]