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Full-Text Articles in Law
Originalism As Thin Description: An Interdisciplinary Critique, Saul Cornell
Originalism As Thin Description: An Interdisciplinary Critique, Saul Cornell
Res Gestae
My essay was intended as a critique of originalism from the perspective of intellectual history. I pointed out that originalism lacked a rigorous empirical method for analyzing what texts meant in the past. I suppose in some sense it is flattering that Solum has devoted much of his recent article to an attack on my earlier essay. Of course, flattery aside, it would have been more useful if Solum had stated my thesis correctly. For purposes of clarity, I have juxtaposed Solum’s description of my argument with what my essay actually said. Readers will be able to judge for themselves …
State (Un)Separated Powers And Commandeering, Aaron P. Brecher
State (Un)Separated Powers And Commandeering, Aaron P. Brecher
Res Gestae
This Essay argues that the Court’s line between state judges and other state officials is not as clean as the case law suggests. Specifically, early state constitutions, as well as the British constitutional order prevailing before the U.S. Constitution was enacted—which did not separate powers as rigidly as the U.S. Constitution—combine to undermine the distinction. Taking this line of analysis seriously is not to deny that commandeering state executive or legislative officials raises federalism concerns. But paying more careful attention to early state conceptions of the separation of powers furthers federalist goals in another way: it engenders respect for the …
The Public’S Constitutional Thinking And The Fate Of Health Care Reform: Ppaca As Case Study, Bruce G. Peabody, Peter J. Woolley
The Public’S Constitutional Thinking And The Fate Of Health Care Reform: Ppaca As Case Study, Bruce G. Peabody, Peter J. Woolley
Res Gestae
No abstract provided.
Popular Constitutional Values: The Links Between Public Opinion And The Supreme Court's 2011 Term, Peter J. Woolley, Bruce G. Peabody
Popular Constitutional Values: The Links Between Public Opinion And The Supreme Court's 2011 Term, Peter J. Woolley, Bruce G. Peabody
Res Gestae
No abstract provided.