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Missouri V. Holland And Historical Textualism , Michael D. Ramsey
Missouri V. Holland And Historical Textualism , Michael D. Ramsey
Missouri Law Review
This essay does not undertake to say what the Holland rule should be today; instead, it advances a methodology to determine the Constitution's original meaning on the matter. Its approach, for want of a better phrase, I will call "historical textualism." In brief, historical textualism finds constitutional meaning in the specific words of the Constitution's text as they were situated and understood in the context in which they were written. Applying that approach, I find full support for Holland's conclusion in the Constitution's original meaning. That conclusion differs from other studies which have relied on "originalist" analysis to find subject …
State Legislative Update, Gregory Cassens, Matthew D. Decker, Carly Duvall, Claire Mcguire
State Legislative Update, Gregory Cassens, Matthew D. Decker, Carly Duvall, Claire Mcguire
Journal of Dispute Resolution
The purpose of this Bill is to provide an alternative approach for individuals with a cause of action against a municipality.' Rather than the costly and time-consuming traditional method of hiring an attorney and filing a lawsuit, House Bill 2631 offers individuals an opportunity for Alternative Dispute Resolution ("ADR") in the form of arbitration. The Bill would allow any individual with a claim in contract or tort against a municipality to require the municipality to submit to the arbitration of the claim. The purpose of House Bill 2631 is to facilitate the resolution of individual claims against a city. However, …