Thomas H. Lee Reviews “The Nation at Sea” by Kevin Arlyck
Michael Ramsey
At Lawfare, Thomas H. Lee (Fordham): The Maritime Origins of Judicial Review. From the introduction: To transpose Jane Austen, “it is a truth, universally acknowledged, that a new nation in possession of great resources, must be in want of a credible court.” Georgetown law professor Kevin Arlyck’s book, “The Nation at Sea: The Federal Courts and American […]
Caleb Nelson: Against the Dictatorial Presidency
Michael Ramsey
Caleb Nelson (University of Virginia School of Law) has posted Against the Dictatorial Presidency (83 pages ) on SSRN. Here is the abstract: Article II of the Constitution says that “[t]he executive Power shall be vested in a President of the United States of America.” Ever since the 1980s, it has been an article of faith […]
Ilan Wurman: “Set Aside”
Michael Ramsey
Ilan Wurman (University of Minnesota Law School) has posted “Set Aside” (67 pages) on SSRN. Here is the abstract: The Supreme Court has reined in universal injunctions, but a debate remains over whether the Administrative Procedure Act (APA) authorizes judges to vacate administrative regulations universally through its “set aside” language. This Article traces the first authorizations […]
Cory Andrews: An Originalist Case for the Listener’s First Amendment
Michael Ramsey
Cory L. Andrews (Washington Legal Foundation) has posted The Freedom to Receive: An Originalist Case for the Listener’s First Amendment (46 pages) on SSRN. Here is the abstract: In March 1768, the Boston town meeting voted its thanks to John Dickinson for having “awakened” and “instructed” America — verbs that locate the value of expression […]
Adam Smarick on Justice Gorsuch and Slaughter
Michael Ramsey
At Law & Liberty, Adam Smarick (Manhattan Institute): Gorsuch’s Con-jority Opinion in Slaughter. From the introduction: In Trump v. Slaughter, Justice Neil Gorsuch voted with the majority to rule that since the Federal Trade Commission exercises extensive executive power, the president has the authority to remove that agency’s head. The upshot is that the constellation of […]
Steven Calabresi on the (Non) Right to Privacy
Michael Ramsey
At SCOTUSblog, in his new “Born Free and Equal” column, Steven Calabresi: There is no constitutional “right to privacy”. From the introduction: … I want in this second column to argue that the born-free-and-equal idea, unlike ideas such as the “right to privacy,” so permeates the Constitution that it is “deeply rooted in American history […]
Tomas Gomez-Arostegui: Patent-infringement Actions in the Eighteenth Century and the Right to a Jury Trial
Michael Ramsey
Tomas Gomez-Arostegui (Lewis & Clark College – Lewis & Clark Law School) has posted Patent-infringement Actions in the Eighteenth Century and the Right to a Jury Trial (84 pages) on SSRN. Here is the abstract: This Article offers a wide-ranging reappraisal of patent-infringement litigation in the law courts of England in the 18th century. Infringement actions […]
Thomas A. Smith: Common-Good Constitutionalism and the Reoccupation of Jurisdiction
Michael Ramsey
Thomas A. Smith (University of San Diego School of Law) has posted The Ruler’s Equity: Common-Good Constitutionalism and the Reoccupation of Jurisdiction (48 pages) on SSRN. Here is the abstract: This article argues that the classical legal tradition rests on two commitments, an account of the ends of law and an account of the form […]
Ethan Yan: “Common Use” and the Right to Bear Arms
Michael Ramsey
Ethan Yan (Yale Law School, JD ’28) has posted “Common Use” and the Right to Bear Arms (50 pages) on SSRN. Here is the abstract: Since the U.S. Supreme Court’s holding in District of Columbia v. Heller that firearms commonly used for lawful purposes receive constitutional protection, litigants have relied on ownership statistics to challenge firearm restrictions. […]
Squitieri on Trump v. Slaughter
Charles F. Capps
SCOTUSblog has added Chad Squitieri (Catholic University of America) as a regular commentator (an excellent addition!). In his first post, Squitieri criticizes the Court’s reasoning (though not necessarily its conclusion) in Trump v. Slaughter. The problem as Squitieri sees it is that “the relevant constitutional provisions were left camouflaged beneath the surface of the court’s […]