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Profiling Originalism, Jamal Greene, Nathaniel Persily, Stephen Ansolabehere
Profiling Originalism, Jamal Greene, Nathaniel Persily, Stephen Ansolabehere
Faculty Scholarship
Originalism is a subject of both legal and political discourse, invoked not just in law review scholarship but also in popular media and public discussion. This Essay presents the first empirical study of public attitudes about originalism. The study analyzes original and existing survey data in order to better understand the demographic characteristics, legal views, political orientation, and cultural profile of those who self-identfy as originalists. We conclude that rule of law concerns, support for politically conservative issue positions, and a cultural orientation toward moral traditionalism and libertarianism are all significant predictors of an individual preference for originalism. Our analysis …
Legislative Theory And The Rule Of Law: Some Comments On Rubin, Peter L. Strauss
Legislative Theory And The Rule Of Law: Some Comments On Rubin, Peter L. Strauss
Faculty Scholarship
Professor Rubin's article is an admirable piece of work on many levels, from its attention to jurisprudence to its concern with the practical changes in the Congress and its function, and their implications. In commenting on it, I mean to restrict myself to the latter subjects. These are the matters that have the closest tangency to my own work and produce for me the strongest response. Professor Rubin has given us a compelling statement of the problems posed for contemporary constitutional and legislative theory by one transformation in statutory practice accompanying the rise of the administrative state, the change from …