Citation
Charles Barzun, An Unoriginal Joke, Part I, Balkinization (May 30, 2020).
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Mark Moller
Federal courts control an outsize share of big-ticket corporate litigation. And that control rests, to a significant degree, on the Supreme Court’s...
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A division exists between scholars who claim that Congress made only limited delegations to executive officials in the early Republic, and those who...
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Max Crema
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A major contribution to our understanding of the “Second Founding” that remade the United States after the Civil War, The Original Meaning of the...
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Public Meaning Originalism is the predominant form of constitutional originalism. What makes Public Meaning Originalism distinctive is the Public...
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Formalism is one of the most widely applied but misunderstood features of law. Embroiled in a series of conflicts over the course of the twentieth...
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This Essay responds to Professors William Baude and Stephen Sachs’s recent article, Grounding Originalism, in which they offer replies to various...
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This Essay explores the conceptual structure of the great debate about “originalism” and “living constitutionalism.” The core of the great debate is...
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This substantially revised version of "The Constraint Principle" addresses the central normative claim of constitutional originalism: the original...
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Theories of legal interpretation have taken a “positive turn” in recent years. Some scholars have argued that disputes over how to interpret statutes...
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At the end of every Supreme Court Term, Justice Antonin Scalia allowed each of his law clerks to choose one opinion that he would sign and give to the...
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As this issue of the Virginia Law Review went to press, we received the sad news of Justice Antonin Scalia’s death. The Supreme Court has lost perhaps...
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John Yoo
Article I, Section 4 of the U.S. Constitution vests the regulation of congressional elections in “each State by the Legislature thereof.” In Arizona...
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This title of this post, which addresses the legality of Michelle Lee’s recent appointment within the PTO, needs a bit of explanation. The first two...
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The Federalist Society extends its deepest sympathies and condolences to the family of Judge Robert H. Bork. Judge Bork was a legal giant, and a man...
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This Article argues that leading accounts of the First Amendment’s Religion Clauses fail to provide a coherent and morally attractive position on...
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Christopher M. Re
The Reconstruction Amendments are justly celebrated for transforming millions of recent slaves into voting citizens. Yet this legacy of egalitarian...
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