Is originalism our law

W Baude - Colum. L. Rev., 2015 - HeinOnline
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 …

Asymmetric constitutional hardball

J Fishkin, DE Pozen - Columbia Law Review, 2018 - JSTOR
Many have argued that the United States' two major political parties have experienced
“asymmetric polarization” in recent decades: The Republican Party has moved significantly …

Testing ordinary meaning

KP Tobia - Harv. L. Rev., 2020 - HeinOnline
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 …

The anticanon

J Greene - Harv. L. Rev., 2011 - HeinOnline
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 …

Neutral principles, motivated cognition, and some problems for constitutional law

DM Kahan - Harv. L. Rev., 2011 - HeinOnline
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 …

Precedent and jurisprudential disagreement

AC Barrett - Tex. L. Rev., 2012 - HeinOnline
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 …

On Avoiding Avoidance, Agenda Control, and Related Matters

HP Monaghan - Colum. L. Rev., 2012 - HeinOnline
" 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 Original Theory of Constitutionalism

DS Grewal, J Purdy - 2017 - HeinOnline
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 …

Laying Claim to the Constitution: The Promise of New Textualism

JE Ryan - Virginia Law Review, 2011 - JSTOR
LIVING originalism. constitutionalism Instead, there is is largely increasing dead.
convergence So, too, is in old-style the le-originalism. Instead, there is increasing …

In defense of judicial empathy

TB Colby - Minn. L. Rev., 2011 - HeinOnline
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 …