Most Cited Originalist Scholars, 2013-2017 [Updated and Corrected]
Michael Ramsey
Gregory Sisk and his team at the University of St. Thomas have released their latest study of law faculty citations, covering 2012-2017 (the USD faculty is honored to place in the top 20% of U.S. law faculties by frequency of citation [at #36], by the Sisk scoring). At Brian Leiter's Law School Reports, Professor Leiter […]
Michael Francus: Digital Realty, Legislative History, and Textualism After Scalia
Michael Ramsey
Michael Francus (Law Clerk, U.S. Court of Appeals for the Third Circuit) has posted Digital Realty, Legislative History, and Textualism After Scalia on SSRN. Here is the abstract: There is a shift afoot in textualism. The New Textualism of Justice Scalia is evolving in response to a new wave of criticism. That criticism presses on the […]
Is the Space Force Constitutional?
Michael Ramsey
At Dorf on Law, Michael Dorf: Originalists in Space. From the introduction: Would a Space Force be constitutional? Here's the relevant text of the Constitution from Article I, Section 8: "The Congress shall have the power . . . To raise and support armies, but no appropriation of money to that use shall be for a […]
Michael Stern on Impeachment and Self-Pardons
Michael Ramsey
At Point of Order, Michael Stern: Pardons, Self-Pardons and Impeachment, Parts 1-4 (I missed this series from last month but it still seems relevant). Part 1 (with some discussion of posts on this blog relating to self-pardons). Part 2 (focusing on the idea of impeachment for abuses of the power, which is really the key to this […]
Jud Campbell: The Invention of First Amendment Federalism
Michael Ramsey
Jud Campbell (University of Richmond School of Law) has posted The Invention of First Amendment Federalism (Texas Law Review, forthcoming) on SSRN. Here is the abstract: When insisting that the Sedition Act of 1798 violated the First Amendment, Jeffersonian Republicans cast their argument in historical terms, claiming that the Speech and Press Clauses eliminated any […]
The “Entry Fiction” and the Citizenship Clause
Andrew Hyman
The Citizenship Clause of the Fourteenth Amendment says, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." In a recent blog post, I wrote that the Citizenship Clause perhaps withholds birthright citizenship in the case of parents […]
Nicholas Bagley & Abbe Gluck on the President and Obamacare
Michael Ramsey
In the New York Times, Nicholas Bagley & Abbe R. Gluck: Trump’s Sabotage of Obamacare Is Illegal: A president doesn’t have the right to dispense with laws he dislikes. From the introduction: From the moment he took office, President Trump has used all aspects of his executive power to sabotage the Affordable Care Act. He has issued executive […]
BYU Corpus Linguistics Conference: Call for Papers
James Heilpern
[Editor's note: This call for papers is brought to us by James Heilpern, Law and Corpus Linguistics Fellow, J. Reuben Clark Law School, Brigham Young University.] Call for Papers: The Fourth Annual Law & Corpus Linguistics Conference Deadline: October 10, 2018 Event Date: February 7-9, 2019 Location: Brigham Young University, Provo, UT Organization: Brigham Young University […]
Gerard Magliocca and Kurt Lash on John Bingham
Michael Ramsey
The National Constitution Center has this podcast, featuring Gerard Magliocca (Indiana/McKinney) and Kurt Lash (Richmond) discussing John Bingham with moderator Jeffrey Rosen: John Bingham, Father of the 14th Amendment. Here is the introduction: John Bingham was one of the most influential but least known visionaries of the post-Civil War Constitution. Dubbed “the James Madison of […]
David Lat Interviews Bryan Garner on “Nino and Me”
Michael Ramsey
At Above the Law, David Lat: Nino And Me: An Interview With Bryan A. Garner. From the introduction: August is a nice, slow month — a perfect time for lawyers to catch up on their pleasure reading, perhaps at the beach or pool. If you’re looking for something that’s a pleasure to read — but not […]