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Full-Text Articles in Law
When Scalia Wasn't Such An Originalist, Michael Lewyn
When Scalia Wasn't Such An Originalist, Michael Lewyn
Michael E Lewyn
Although Justice Scalia generally described himself as an originalist, his opinion in Lucas v. South Carolina Coastal Council rejected originalist arguments. Why? This article suggests that pre-Lucas precedent and the ambiguity of the historical record might justify his methodology.
2009 Planetizen Blog Posts, Michael Lewyn
2009 Planetizen Blog Posts, Michael Lewyn
Michael E Lewyn
Planetizen.com blog posts on urban and suburban issues.