Jon Michaels: An Enduring, Evolving Separation of Powers
Michael Ramsey
Jon D. Michaels (University of California, Los Angeles – School of Law) has posted An Enduring, Evolving Separation of Powers (Columbia Law Review, Vol. 115, 2015, Forthcoming) on SSRN. Here is the abstract: This Article sets forth the theory of an enduring, evolving separation of powers, one that checks and balances state power in whatever form […]
Richard Re: The Due Process Exclusionary Rule (with a Response)
Michael Ramsey
In the current issue of the Harvard Law Review, Richard M. Re (UCLA) has the article The Due Process Exclusionary Rule: A new textual foundation for a rule in crisis (127 Harv. L. Rev. 1885 (2014)). Here is the abstract: As the Supreme Court continues to cut back on and perhaps eliminate Fourth Amendment suppression, the exclusionary […]
David Pozen: Self-Help and the Separation of Powers
Michael Ramsey
David Pozen (Columbia Law School) has posted Self-Help and the Separation of Powers (Yale Law Journal, volume 124, issue 1, October 2014, Forthcoming) on SSRN. Here is the abstract: Self-help doctrines pervade the law. They regulate a legal subject's attempts to cure or prevent a perceived wrong by her own action, rather than through a third-party […]
Thomas H. Lee: International Law and Institutions and the American Constitution in War and Peace
Michael Ramsey
Thomas H. Lee (Fordham University School of Law) has posted International Law and Institutions and the American Constitution in War and Peace (Berkeley Journal of International Law, Vol. 31, No. 291, 2013) on SSRN. Here is the abstract: This Article describes how international law and institutions are not necessarily incompatible with U.S. sovereign interests today and […]
Richard Fallon: Three Symmetries Between Textualist and Purposivist Theories of Statutory Interpretation
Michael Ramsey
In the current issue of the Cornell Law Review, Richard H. Fallon, Jr. (Harvard Law School) has the article Three Symmetries Between Textualist and Purposivist Theories of Statutory Interpretation—And the Irreducible Roles of Values and Judgment Within Both (99 Cornell L. Rev. 685). Here is the abstract: This Article illuminates an important, ongoing debate between “textualist” and […]
Randolph May & Seth Cooper: Constitutional Foundations of Copyright and Patent in the First Congress
Michael Ramsey
Randolph J. May and Seth L. Cooper of The Free State Foundation have posted Constitutional Foundations of Copyright and Patent in the First Congress on SSRN. Here is the abstract: The First U.S. Congress is the most important Congress ever convened. Called the “Constitutional Congress” by some historians, the inaugural legislative body that met between 1789 and […]
Jarrod Shobe: Intertemporal Statutory Interpretation and the Evolution of Legislative Drafting
Michael Ramsey
In the current issue of the Columbia Law Review, Jarrod Shobe has the article Intertemporal Statutory Interpretation and the Evolution of Legislative Drafting (114 Columb. L. Rev. 807). Here is the abstract: All theories of statutory interpretation rely on an idea of how Congress operates. A commonly held supposition among scholars is that the procedures used in […]
Adam Lamparello & Charles MacLean: Two Liberals Pay Tribute to Antonin Scalia’s Legacy
Michael Ramsey
Adam Lamparello (Indiana Tech Law School) and Charles E. MacLean (Indiana Tech Law School) have posted It's the People's Constitution, Stupid: Two Liberals Pay Tribute to Antonin Scalia's Legacy on SSRN. Here is the abstract: Living constitutionalism may achieve “good” results, but with each Roe v. Wade, and Bush v. Gore, the Constitution’s vision takes more shallow […]
Mortimer Sellers: The Constitutional Thought of Alexander Hamilton
Michael Ramsey
Mortimer Sellers (University of Baltimore – School of Law) has posted The Constitutional Thought of Alexander Hamilton (Denis Galligan (ed.), Constitutions and the Classics (Oxford, 2014)) on SSRN. Here is the abstract: Alexander Hamilton was one of the strongest minds behind the development of modern constitutionalism, both in theory and in practice. Hamilton shared the constitutional […]
Brian Slocum: The Ordinary Meaning of Rules
Michael Ramsey
Brian G. Slocum (University of the Pacific – McGeorge School of Law) has posted The Ordinary Meaning of Rules (Problems of Normativity, Rules and Rule-Following (Springer 2014)) on SSRN. Here is the abstract: Judges typically claim that rules contained in legal texts are interpreted in accordance with their ordinary meaning. It follows that the constituent question […]