Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication
- Publication Type
Articles 1 - 2 of 2
Full-Text Articles in Law
Debunking Blackstonian Copyright, Shyamkrishna Balganesh
Debunking Blackstonian Copyright, Shyamkrishna Balganesh
All Faculty Scholarship
This is a review of Neil Weinstock Netanel’s Copyright’s Paradox (2008).
Blackstone's Ninth Amendment: A Historical Common Law Baseline For The Interpretation Of Unenumerated Rights, Jeffrey D. Jackson
Blackstone's Ninth Amendment: A Historical Common Law Baseline For The Interpretation Of Unenumerated Rights, Jeffrey D. Jackson
Jeffrey D Jackson
BLACKSTONE’S NINTH AMENDMENT: A HISTORICAL COMMON LAW BASELINE FOR THE INTERPRETATION OF UNENUMERATED RIGHTS
Jeffrey D. Jackson&#;
ABSTRACT
The Ninth Amendment clearly indicates that there are fundamental constitutional rights other than those in text of the Constitution and the Bill of Rights. The United States Supreme Court has recognized a number of these rights in its jurisprudence. However, the Court's decisions have lacked a consistent historical baseline for rights, and as a result, the Court's use of history has tended to devolve into cherry-picking from a variety of historical sources without regard to how much they would have influenced the …