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Full-Text Articles in Law
The Well-Intentioned Purpose But Weak Epistemological Foundation Of Originalism, George C. Christie
The Well-Intentioned Purpose But Weak Epistemological Foundation Of Originalism, George C. Christie
Faculty Scholarship
The attraction of an originalist approach to constitutional interpretation is understandable. It is maintained that only that method can provide the judicial objectivity and certainty that constitutional adjudication requires. They claim that the traditional common-law evolutionary approach leads Supreme Court Justices to succumb to the temptation to fill in gaps in constitutional law and thereby ignore that major expansions in constitutional meaning and should be made in the way the Founders envisioned, namely by amendment of the Constitution. However difficult or impractical that process may be, it is the only way to avoid the politicization of the Court. Whether that …
Stevens, J., Dissenting: The Legacy Of Heller, Joseph Blocher, Darrell A. H. Miller
Stevens, J., Dissenting: The Legacy Of Heller, Joseph Blocher, Darrell A. H. Miller
Faculty Scholarship
No abstract provided.
Economic Organization In The Construction Industry: A Case Study Of Collaborative Production Under High Uncertainty, William A. Klein, Mitu Gulati
Economic Organization In The Construction Industry: A Case Study Of Collaborative Production Under High Uncertainty, William A. Klein, Mitu Gulati
Faculty Scholarship
No abstract provided.
The Modern Misunderstanding Of Original Intent, H. Jefferson Powell
The Modern Misunderstanding Of Original Intent, H. Jefferson Powell
Faculty Scholarship
No abstract provided.