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Against Political Theory In Constitutional Interpretation, Christopher S. Havasy, Joshua C. Macey, Brian Richardson
Against Political Theory In Constitutional Interpretation, Christopher S. Havasy, Joshua C. Macey, Brian Richardson
Articles
Judges and academics have long relied on the work of a small number of Enlightenment political theorists—particularly Locke, Montesquieu, and Blackstone—to discern meaning from vague and ambiguous constitutional provisions. This Essay cautions that Enlightenment political theory should rarely, if ever, be cited as an authoritative source of constitutional meaning. There are three principal problems with constitutional interpretation based on eighteenth-century political theory. First, Enlightenment thinkers developed distinct and incompatible theories about how to structure a republican form of government. That makes it difficult to decide which among the conflicting theories should possess constitutional significance. Second, the Framers did not write …
Procedural Losses And The Pyrrhic Victory Of Abolishing Qualified Immunity, Adam A. Davidson
Procedural Losses And The Pyrrhic Victory Of Abolishing Qualified Immunity, Adam A. Davidson
Articles
Who decides? Failing to consider this simple question could turn attempts to abolish qualified immunity into a Pyrrhic victory. That is because removing qualified immunity does not change the answer to this question; the federal courts will always decide. For an outcome-neutral critic of qualified immunity who cares only about its doctrinal failures, this does not matter. But for the vast majority of critics who are outcome- sensitive, meaning they care about qualified immunity because of its role in police accountability, this is a troubling realization. Building on earlier work on the equilibration thesis, as well as on qualitative and …
Police Agencies On Facebook Overreport On Black Suspects, Ben Grunwald, Julian Nyarko, John Rappaport
Police Agencies On Facebook Overreport On Black Suspects, Ben Grunwald, Julian Nyarko, John Rappaport
Articles
A large and growing share of the American public turns to Facebook for news. On this platform, reports about crime increasingly come directly from law enforcement agencies, raising questions about content curation. We gathered all posts from almost 14,000 Facebook pages maintained by US law enforcement agencies, focusing on reporting about crime and race. We found that Facebook users are exposed to posts that overrepresent Black suspects by 25 percentage points relative to local arrest rates. This overexposure occurs across crime types and geographic regions and increases with the proportion of both Republican voters and non-Black residents. Widespread exposure to …
Delegation Of Powers: A Historical And Functional Analysis, Richard Epstein
Delegation Of Powers: A Historical And Functional Analysis, Richard Epstein
Articles
No abstract provided.
Swanson V Citibank And The 1l Canon, William Hubbard
Expounding The Constitution, Farah Peterson
Constitutionalism In Unexpected Places, Farah Peterson
The Double Movement Of National Origin Discrimination, Aziz Huq
The Double Movement Of National Origin Discrimination, Aziz Huq
Articles
No abstract provided.
Constitutional Liquidation, William Baude
Grounding Originalism, William Baude, Stephen E. Sachs
Compelled Subsidies And The First Amendment, William Baude, Eugene Volokh
Compelled Subsidies And The First Amendment, William Baude, Eugene Volokh
Articles
No abstract provided.
Arguing With Friends, William Baude, Ryan D. Doerfler
Panel On Rules Versus Standards In Constitutional And Statutory Interpretation, Akhil Reed Amar, Frank H. Easterbrook, John C. Harrison, William Francis Kuntz Ii
Panel On Rules Versus Standards In Constitutional And Statutory Interpretation, Akhil Reed Amar, Frank H. Easterbrook, John C. Harrison, William Francis Kuntz Ii
Articles
No abstract provided.
Legal Or Political Checks On Apex Criminality: An Essay On Constitutional Design, Aziz Huq
Legal Or Political Checks On Apex Criminality: An Essay On Constitutional Design, Aziz Huq
Articles
No abstract provided.
Country Specific Investments And The Rights Of Non-Citizens, Adam S. Chilton, Eric A. Posner
Country Specific Investments And The Rights Of Non-Citizens, Adam S. Chilton, Eric A. Posner
Articles
No abstract provided.
Treaty Exit In The United States: Insights From The United Kingdom Or South Africa?, Curtis A. Bradley, Laurence R. Helfer
Treaty Exit In The United States: Insights From The United Kingdom Or South Africa?, Curtis A. Bradley, Laurence R. Helfer
Articles
Courts in the United Kingdom and South Africa have recently issued important rulings that have constrained the executive’s authority to withdraw from treaties in those countries. This essay considers whether these rulings might offer insights for treaty exit issues in the United States. We first provide an overview of U.S. law and practice regarding the termination of international agreements. We next summarize the U.K. and South African decisions, which required parliamentary approval for pulling out of treaties establishing the European Union and the International Criminal Court (ICC), respectively. Finally, we consider the relevance of these rulings for treaty withdrawals in …
The People Against The Constitution, Aziz Huq
Exiting Congressional-Executive Agreements, Curtis A. Bradley
Exiting Congressional-Executive Agreements, Curtis A. Bradley
Articles
Commentators have argued that, even if the president has the unilateral authority to terminate Article II treaties concluded with the Senate’s advice and consent, the president lacks the unilateral authority to terminate “congressional-executive agreements” concluded with majority congressional approval, such as the North American Free Trade Agreement (NAFTA). This Article challenges that claim. If one accepts a presidential authority to terminate Article II treaties, this Article contends, there is no persuasive reason to conclude differently with respect to congressional-executive agreements. Congressional-executive agreements have become largely interchangeable with Article II treaties as a matter of domestic law and practice. For example, …
A Common Law For The First Amendment, Richard A. Epstein
A Common Law For The First Amendment, Richard A. Epstein
Articles
No abstract provided.
The Concepts Of Law, Nicholas Stephanopoulos, Tom Ginsburg
The Concepts Of Law, Nicholas Stephanopoulos, Tom Ginsburg
Articles
No abstract provided.
Legal Research And Practical Experience, Richard A. Posner
Legal Research And Practical Experience, Richard A. Posner
Articles
No abstract provided.
Sovereign Immunity And The Constitutional Text, William Baude
Sovereign Immunity And The Constitutional Text, William Baude
Articles
No abstract provided.
The Absence Of Method In Statutory Interpretation, Frank H. Easterbrook
The Absence Of Method In Statutory Interpretation, Frank H. Easterbrook
Articles
No abstract provided.
The Law Of Interpretation, William Baude, Stephen E. Sachs
The Law Of Interpretation, William Baude, Stephen E. Sachs
Articles
No abstract provided.
The (Not So) Plain Meaning Rule, William Baude, Ryan D. Doerfler
The (Not So) Plain Meaning Rule, William Baude, Ryan D. Doerfler
Articles
No abstract provided.
Preemption Deals, Aziz Huq
The Plain Language Court, David A. Strauss
The Role Of Guidances In Modern Administrative Procedure: The Case For De Novo Review, Richard A. Epstein
The Role Of Guidances In Modern Administrative Procedure: The Case For De Novo Review, Richard A. Epstein
Articles
No abstract provided.
Linguistic Relativism And The Decline Of The Rule Of Law, Richard A. Epstein
Linguistic Relativism And The Decline Of The Rule Of Law, Richard A. Epstein
Articles
No abstract provided.
The Scrivener's Error, Ryan D. Doerfler