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Full-Text Articles in Law
Originalist Theory And Precedent: A Public Meaning Approach, Lawrence B. Solum
Originalist Theory And Precedent: A Public Meaning Approach, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
Much ink has already been spilled on the relationship of constitutional originalism to precedent (or, more specifically, the doctrine of stare decisis). The debate includes contributions from Randy Barnett, Steven Calabresi, Kurt Lash, Gary Lawson, John McGinnis with Michael Rappaport, Michael Paulsen, and Lee Strang, not to mention Justice Antonin Scalia—all representing originalism in some form. Living constitutionalism has also been represented both implicitly and explicitly, with important contributions from Phillip Bobbitt, Ronald Dworkin, Michael Gerhardt, Randy Kozel, and David Strauss. Some writers are more difficult to classify; Akhil Amar comes to mind. And there are many other contributions to …
What Lawyers Can And Should Do About Mendacity In Politics, Heidi Li Feldman
What Lawyers Can And Should Do About Mendacity In Politics, Heidi Li Feldman
Georgetown Law Faculty Publications and Other Works
Donald Trump has brought new attention to the mendacity of politicians. Both major national newspapers have reported tallies of Trump's false and misleading claims. On November 14, 2017, The Washington Post reported that in the 298 days that President Trump has been president, he had made 1,628 false or misleading claims, telling them at a rate of nine per day in the thirty-five days prior to November 14. Trump, the Post reported, has made fifty false or misleading claims “that he as repeated three or more times.” The Post also catalogued scores of “flip-flops” from Trump. In general, from 2016 …
R2h And The Prospects For Peace: An Essay On Sovereign Responsibilities, David Luban
R2h And The Prospects For Peace: An Essay On Sovereign Responsibilities, David Luban
Georgetown Law Faculty Publications and Other Works
This essay examines novel threats to peace – social and political threats as well as military and technological. It worries that familiar conceptions of state sovereignty cannot sustain a legal order capable of meeting those threats, not even if we understand sovereignty as responsibility to protect human rights. The essay tentatively proposes that recent efforts to reformulate state sovereignty as responsibility to humanity – ‘R2H’ for short – offer a better hope. Under this reformulation, states must take into account the interests of those outside their sovereign territory as well as those of the of their own people – in …