Debates about originalism are at a standstill, and it is time to move forward. The current
debates are generally either conceptual or normative: The conceptual debates focus" on the …

Many have argued that the United States' two major political parties have experienced
“asymmetric polarization” in recent decades: The Republican Party has moved significantly …

Within legal scholarship and practice, among the most pervasive tasks is the interpretation of
texts. And within legal interpretation, among the most pervasive inquiries is the search for …

It is a curious feature of American constitutional law that the project of identifying the
Supreme Court's worst decisions is not solely a normative one. There is a stock answer to …

Why is the" neutrality" of Supreme Court decisionmaking a matter of persistent political
disagreement? What should be done to mitigate such conflict? Once the predominant focus …

Over the years, some have lamented the Supreme Court's willingness to overrule itself and
have urged the Court to abandon its weak presumption of stare decisis in constitutional …

" The court [has] developed, for its own governance in the cases confessedly within its
jurisdiction, a series of rules under which it has avoided passing upon a large part of all the …

The conflict between various versions of" originalism" and" living constitutionalism" has
defined the landscape of constitutional theory and practice for more than a generation, and it …

LIVING originalism. constitutionalism Instead, there is is largely increasing dead.
convergence So, too, is in old-style the le-originalism. Instead, there is increasing …

President Barack H. Obama has repeatedly stated that he views a capacity for empathy as
an essential attribute of a good judge.'And conservatives have heaped mountains of scorn …