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,…
Jurisprudence
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Copyright
Legal Internalism In Modern Histories of Copyright
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Common-Good Constitutionalism
In re Abbott
Fifth Circuit Upholds Abortion Restrictions During COVID-19 Pandemic.
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Constitutional Law
Judicial Takings, Judicial Federalism, and Jurisprudence: An Erie Problem
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Jurisprudence
Maine Community Health Options v. United States
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Private Law
Pseudo-Contract and Shared Meaning Analysis
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Constitutional Law
Rights as Trumps?
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First Amendment
The Etiquette of Animus
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Campaign Finance Regulation
Of Ballot Boxes and Bank Accounts: Rationalizing the Jurisprudence of Political Participation and Democratic Integrity
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Jurisprudence
Thayer, Holmes, Brandeis: Conceptions of Judicial Review, Factfinding, and Proportionality