Harvard Law Review
In Originalism: Standard and Procedure, Professor Stephen Sachs makes yet another important contribution to the literature. Sachs defends originalism by making its purpose more modest. Drawing on Professor R. Eugene…
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,…
Until well into the twentieth century, American law recognized blasphemy as proscribable speech. The blackletter rule was clear. Constitutional liberty entailed a right to articulate views on religion, but not…