Topic
Constitutional Interpretation
Posts
-
CommentaryVol. 88 · Iss. 2
Elena Kagan Can’t Say That: The Sorry State of Public Discourse Regarding Constitutional Interpretation
Written in the form of a fictional memo by Counsel to the President, Ray Politik, this commentary offers a reply to a fictional opening statement…
Neil J. Kinkopf -
CommentaryVol. 88 · Iss. 2
What Elena Kagan Could Have and Should Have Said (and Still Have Been Confirmed)
Written in the form of a fictional memo by Elena Kagan to the President of the U.S., this commentary offers a proposed opening statement…
Eric J. Segall -
ArticleVol. 94 · Iss. 6
Bookends: Justice Stevens and Justice Scalia
The great importance Justice John Paul Stevens attaches to his bonds with former colleagues has long shone through his words and actions. Anyone who…
Gregory P. Magarian -
CommentaryVol. 94 · Iss. 5
To Consider or to Use? Citation to Foreign Authority and Legal Aesthetics
In this essay I consider what it means to consider something. More directly, I consider how a judge might distinguish a source used for…
Andrew Jensen Kerr -
NoteVol. 94 · Iss. 1
The Religious Difference: Equal Protection and the Accommodation of (Non)-Religion
The First Amendment provides for specific rules that apply to “religion” without defining the term. This definition seems essential; the prohibition on establishment and…
Jonathan P. Kuhn -
ArticleVol. 96 · Iss. 1
Evolved Standards, Evolving Justices? The Case for a Broader Application of the Eighth Amendment
In its Eighth Amendment cases, the Supreme Court has often cited counter-majoritarian considerations as the basis for exercising judicial restraint. As a result, excessive…
William W. Berry -
ArticleVol. 96 · Iss. 1
Law and the Epistemology of Disagreements
This Article identifies a discrepancy between law and epistemology and proposes a way to fix it. Our legal system relies on decisions of multimember…
Alex Stein -
NoteVol. 92 · Iss. 3
Throwing a Toy Wrench in the “Greatest Legal Engine”: Child Witnesses and the Confrontation Clause
Cross-examination of witnesses has often been called the “greatest legal engine ever invented for the discovery of truth.” Enshrined in the Confrontation Clause of…
Jonathan Clow -
ArticleVol. 97 · Iss. 6
First Amendment Traditionalism
Traditionalist constitutional interpretation takes political and cultural practices of long age and duration as constituting the presumptive meaning of the text. This Essay probes traditionalism’s conceptual…
Marc O. DeGirolami -
ArticleVol. 91 · Iss. 6
The Constitution According to Justices Scalia and Thomas: Alive and Kickin’
No one expects Supreme Court Justices to be completely consistent across the vast range of emotionally charged and controversial constitutional law issues they are…
Eric J. Segall -
ArticleVol. 97 · Iss. 4
How Do Judges Decide School Finance Cases?
There is an old riddle that asks, what do constitutional school funding lawsuits and birds have in common? The answer: every state has its…
Ethan Hutt, Daniel Klasik & Aaron Tang -
CommentaryVol. 90 · Iss. 5
Legislative Oversight of a Bill of Rights: A Way to Rectify Judicial Activism
The term ?judicial activism has become a common part of modern American political speech, though it remains ambiguous and can often mean many different…
Duane L. Ostler