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Articles 1 - 30 of 36
Full-Text Articles in Law
Original Meaning Without Originalism, James E. Fleming
Original Meaning Without Originalism, James E. Fleming
Faculty Scholarship
Is it possible for a constitutional theorist to give due regard to original meaning in constitutional interpretation without being an originalist? Narrow originalists, such as Robert H. Bork and Justice Antonin Scalia, have asserted that it is not.' On their view, it is hypocritical for anyone who is not a narrow originalist to make recourse to original meaning-a clear case of the devil quoting scripture. Their view is bogus. Nevertheless, constitutional theorists who are not narrow originalists have not paid sufficient attention to how arguments based on original meaning function in constitutional law. One of the many virtues of Michael …
Fidelity As Integrity: Colloquy
Translation: Who Needs It , Sanford Levinson
Agreements With Hell And Other Objects Of Our Faith , J. M. Balkin
Agreements With Hell And Other Objects Of Our Faith , J. M. Balkin
Fordham Law Review
No abstract provided.
Does The Constitution Deserve Our Fidelity: Colloquy
Does The Constitution Deserve Our Fidelity: Colloquy
Fordham Law Review
No abstract provided.
Conservatives, Liberals, Romantics: The Persistent Quest For Certainty In Constitutional Interpretation, Frederick Mark Gedicks
Conservatives, Liberals, Romantics: The Persistent Quest For Certainty In Constitutional Interpretation, Frederick Mark Gedicks
Faculty Scholarship
Despite their considerable ideological differences, "conservative originalists" such as Robert Bork and "progressive originalists" such as Michael Perry both divide the process of understanding into cognitive (or "objective") and normative (or "subjective") aspects. The determination of the original meaning of the Constitution is methodologically separated from the question how this predetermined meaning should be applied in a particular case. This places both conservative and progressive originalists squarely in the tradition of Romantic hermeneutics, which sought to overcome the uncertainty and imprecision of textual interpretation by developing a "science of interpretation" which purported to be as epistemologically reliable as the methods …
The Arduous Virtue Of Fidelity: Originalism, Scalia, Tribe, And Nerve, Ronald Dworkin
The Arduous Virtue Of Fidelity: Originalism, Scalia, Tribe, And Nerve, Ronald Dworkin
Fordham Law Review
No abstract provided.
The Importance Of Humility In Judicial Review: A Comment On Ronald Dworkin's Moral Reading Of The Constitution, Michael W. Mcconnell
The Importance Of Humility In Judicial Review: A Comment On Ronald Dworkin's Moral Reading Of The Constitution, Michael W. Mcconnell
Fordham Law Review
No abstract provided.
Constitutional Invocations , Frederick Schauer
Constitutional Invocations , Frederick Schauer
Fordham Law Review
No abstract provided.
Integrity And Universality: A Comment On Ronald Dworkin's Freedom's Law, Robin West
Integrity And Universality: A Comment On Ronald Dworkin's Freedom's Law, Robin West
Fordham Law Review
No abstract provided.
Fidelity To Our Imperfect Constitution, James E. Fleming
Fidelity To Our Imperfect Constitution, James E. Fleming
Fordham Law Review
No abstract provided.
Tradition Of The Written Constitution: A Comment On Professor Lessig's Theory Of Translation, Steven G. Calabresi
Tradition Of The Written Constitution: A Comment On Professor Lessig's Theory Of Translation, Steven G. Calabresi
Fordham Law Review
No abstract provided.
Fidelity And Constraint , Lawrence Lessig
On Fidelity In Constitutional Law, Jed Rubenfeld
On Fidelity In Constitutional Law, Jed Rubenfeld
Fordham Law Review
No abstract provided.
Discounting Accountability , Abner S. Greene
Constitutional Fidelity/Democratic Agency, Frank I. Michelman
Constitutional Fidelity/Democratic Agency, Frank I. Michelman
Fordham Law Review
No abstract provided.
The Betrayal Of Judgment, Lawrence Sager
Constituting We The People , Mark Tushnet
Practice Of Faith, Martin S. Flaherty
Fidelity Through History (Or Do It), Jack N. Rakove
Fidelity Through History (Or Do It), Jack N. Rakove
Fordham Law Review
No abstract provided.
The Living Hand Of The Past: History And Constitutional Justice, Christopher L. Eisgruber
The Living Hand Of The Past: History And Constitutional Justice, Christopher L. Eisgruber
Fordham Law Review
No abstract provided.
A Few Thoughts On Constitutionalism, Textualism, And Populism, Akhil Reed Amar
A Few Thoughts On Constitutionalism, Textualism, And Populism, Akhil Reed Amar
Fordham Law Review
No abstract provided.
Fidelity Through History And To It: An Impossible Dream, Robert J. Kaczorowski
Fidelity Through History And To It: An Impossible Dream, Robert J. Kaczorowski
Fordham Law Review
No abstract provided.
Fidelity Through History: Colloquy
Fidelity, Indeterminacy, And The Problem Of Constitutional Evil, Michael J. Klarman
Fidelity, Indeterminacy, And The Problem Of Constitutional Evil, Michael J. Klarman
Fordham Law Review
No abstract provided.
Fidelity And Constitutional Aspirations, Sotirious A. Barber
Fidelity And Constitutional Aspirations, Sotirious A. Barber
Fordham Law Review
No abstract provided.
The Meaning Of Blacks' Fidelity To The Constitution, Dorothy E. Roberts
The Meaning Of Blacks' Fidelity To The Constitution, Dorothy E. Roberts
Fordham Law Review
No abstract provided.
Freedom From Unreal Loyalties: On Fidelity In Constitutional Interpretation , Catharine A. Mackinnon
Freedom From Unreal Loyalties: On Fidelity In Constitutional Interpretation , Catharine A. Mackinnon
Fordham Law Review
No abstract provided.
Learning From Lincoln , William Michael Treanor
Learning From Lincoln , William Michael Treanor
Fordham Law Review
No abstract provided.