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Originalism, Official History, And Perspectives Versus Methodologies, Keith N. Hylton
Originalism, Official History, And Perspectives Versus Methodologies, Keith N. Hylton
Faculty Scholarship
This paper addresses a well-worn topic: originalism, the theory that judges should interpret the Constitution in a manner consistent with the intent of its framers. I am interested in the real-world effects of originalism. The primary effect advanced by originalists is the tendency of the approach to constrain the discretion of judges. However, another effect of originalism that I identify is the creation of official histories, a practice that imposes a hidden tax on society. Another question I consider is whether originalism should be considered a methodology of analyzing the law or a perspective on the law. I argue that …
Wealth Inequality As Explained By Quantitative Easing And Law's Inertia, John J. Chung
Wealth Inequality As Explained By Quantitative Easing And Law's Inertia, John J. Chung
Law Faculty Scholarship
No abstract provided.