Originalism
Originalism: Standard and Procedure
Originalism is often promoted as a better way of getting constitutional answers. That claim leads to disappointment when the answers prove hard to find. To borrow a distinction from philosophy,…
Constitutional Interpretation
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Freedom of Religion
Constitutional Constraints on Free Exercise Analogies
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Criminal Law
United States v. Rosemond
Second Circuit Holds that Counsel Admitting to Element of Crime over Defendant’s Protests Does Not Violate Defendant’s Autonomy.
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Democracy
The Degradation of American Democracy — And the Court
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State Constitutional Law
Hernandez v. United States
Second Circuit Rules State Constitutional Torts Not Cognizable Under the Federal Tort Claims Act.
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Prison Abolition
Abolition Constitutionalism
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Second Amendment
Young v. Hawaii
Ninth Circuit Panel Holds Open-Carry Law Infringes Core Right to Bear Arms in Public.
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Impeachment
To End a (Republican) Presidency
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Constitutional Interpretation
51 Imperfect Solutions: States And The Making of American Constitutional Law
By Jeffrey S. Sutton. New York, N.Y.: Oxford University Press. 2018. Pp. v, 278. $29.95.
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Constitutional Law
Rights as Trumps?