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Full-Text Articles in Jurisprudence
Professor Greenawalt's Unfashionable Idea, H. Jefferson Powell
Professor Greenawalt's Unfashionable Idea, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
Originalism As A Theory Of Legal Change, Stephen E. Sachs
Originalism As A Theory Of Legal Change, Stephen E. Sachs
Faculty Scholarship
Originalism is usually defended as a theory of interpretation. This Article presents a different view. Originalism ought to be defended, if at all, not based on normative goals or abstract philosophy, but as a positive theory of American legal practice, and particularly of our rules for legal change.
One basic assumption of legal systems is that the law, whatever it is, stays the same until it's lawfully changed. Originalism begins this process with an origin, a Founding. Whatever rules we had when the Constitution was adopted, we still have today -- unless something happened that was authorized to change …
Resisting Wholesale Electronic Invasion Of The Fourth Amendment, Michael E. Tigar
Resisting Wholesale Electronic Invasion Of The Fourth Amendment, Michael E. Tigar
Faculty Scholarship
No abstract provided.