Search for: "Whittington v. UNITED STATES"
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29 Sep 2022, 11:51 am
See United States v. [read post]
8 Jun 2022, 7:00 am
To mark this celebration of Sandy’s 40 years at the University of Texas, I want to argue that constitutional faith provides a path back to democracy in the United States. [read post]
14 May 2008, 7:03 am
As I understand the state of play, this is like an oxymoron for Solum, but conventional wisdom for originalists. [read post]
23 Jun 2020, 1:43 pm
But his skepticism about oaths certainly extends to quasi-religious oaths like those exacted from the President and, under Article VI, all public officials, whether state or national. [read post]
19 Feb 2012, 8:55 pm
Randy Barnett and Keith Whittington have played prominent roles in the development of the “New Originalism. [read post]
7 May 2023, 6:00 am
Randy Barnett and Keith Whittington have pla [read post]
31 Oct 2010, 12:30 pm
Randy Barnett and Keith Whittington have played prominent roles in the development of the “New Originalism. [read post]
20 Mar 2020, 7:20 pm
As the Supreme Court put it in Armstrong v. [read post]
18 Dec 2018, 9:02 pm
(Keith Whittington, “Originalism: A Critical Introduction,” 82 FORDHAM L. [read post]
19 Dec 2022, 2:31 am
On 16 December 2022, Rothman J granted leave to the claimant to file a fourth amended statement of claim so that it pleads further and better particulars that reflect a material fact in Newman v Whittington [2022] NSWSC 1725. [read post]
16 Mar 2008, 10:41 am
Randy Barnett and Keith Whittington have played prominent roles in the development of the "New Originalism. [read post]
19 Jul 2009, 2:07 pm
" Both Barnett and Whittington build their theories on a foundation of "original public meaning," but they extend the moves made by Scalia and Lawson in a variety of interesting ways. [read post]
13 Aug 2019, 2:48 pm
Laird and Marbury v. [read post]
3 Jul 2008, 4:51 pm
" Fashion Fabrics of Iowa v. [read post]
3 Dec 2011, 3:19 pm
Jamal Greene observes that in Canada and Australia, whose legal systems in many ways resemble that of the United States, originalism has had no rhetorical or legal traction: almost no one makes such arguments. [read post]
9 Jan 2024, 12:05 pm
United States, 139 S. [read post]
30 Mar 2013, 3:50 am
According to a theory originally developed in the field of constitutional law (see Solum here, Whittington here - or watch the Federalist Society's 12th Annual Faculty Conference here), the distinction describes the process through which a legal text becomes a coercible legal rule: in the first phase, interpretation, a linguistic meaning is attributed to the text; in the second phase, construction, a normative value is assigned to it. [read post]
10 Jan 2022, 4:01 pm
Nicklin J found that, because Ms Murray’s tweet was stated as fact, it had one meaning; the defence of truth failed. [read post]
12 Apr 2017, 7:49 am
For example, the words “equal protection” does not appear as a free standing “equality principle,” but appears in the phrase “equal protection of the law” and this passage is embedded in a larger clause that also refers to the “privileges or immunities of citizens of the United States” (which no state statute may abridge) and the “due process of the laws” (which no state shall deny when depriving a… [read post]
14 Jan 2007, 9:03 pm
" The foundation for regime theory is the simple observation that the Constitution of the United States was adopted in several pieces--the Constitution of 1789 was supplemented by a variety of amendments. [read post]
