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Moral Truth And Constitutional Conservatism, Gerard V. Bradley
Moral Truth And Constitutional Conservatism, Gerard V. Bradley
Louisiana Law Review
Conservative constitutionalism is committed to "originalism," that is, to interpreting the Constitution according to its original public understanding. This defining commitment of constitutional interpretation is sound. For decades, however, constitutional conservatives have diluted it with a methodology of restraint, a normative approach to the judicial task marked by an overriding aversion to critical moral reasoning. In any event, the methodology eclipsed originalism and the partnership with moral truth that originalism actually entails. Conservative constitutionalism is presently a mélange of mostly unsound arguments against the worst depredations of Casey's Mystery Passage. The reason for the methodological moral reticence is easy to …
Multijurisdictional Practice And Transactional Lawyers: Time For A Rule That Is Honored Rather Than Honored In Its Breach, James Geoffrey Durham, Michael H. Rubin
Multijurisdictional Practice And Transactional Lawyers: Time For A Rule That Is Honored Rather Than Honored In Its Breach, James Geoffrey Durham, Michael H. Rubin
Louisiana Law Review
Model Rule 5.5 of the American Bar Association’s Model Rules of Professional Conduct1 addresses two interrelated issues: the unauthorized practice of law, which applies to lawyers and nonlawyers alike, and multijurisdictional practice, which applies to lawyers who are licensed to practice in one state but whose work may involve or take them to states where they are not licensed.