Search for: "Whittington v. UNITED STATES"
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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]
31 Aug 2012, 9:00 am
RUSK STATE HOSPITAL v. [read post]
15 Mar 2012, 11:50 am
If “cosmic constitutional theory” is defined as a theory of interpretation of a (constitutional) legal text, all judges worthy of the name (and, as Graber appropriately points out, lots of non-judges) engage in it, in the United States, and everywhere. [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]
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]
21 Aug 2011, 3:54 pm
" Fashion Fabrics of Iowa v. [read post]
22 Jul 2011, 7:54 am
Rogelio Casados and Rafaela Casados, No. 10-0523 In re United Scaffolding, Inc., No. 10-0526 Rusk State Hospital v. [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]
13 Sep 2010, 5:11 am
United States, 294 U.S. 330 (1935); Nortz v. [read post]
20 Jul 2010, 5:38 am
Schechter Poultry Corporation v. [read post]
4 Jun 2010, 9:55 pm
Here is the abstract: In separate opinions in Citizens United v. [read post]
16 May 2010, 5:47 am
" Fashion Fabrics of Iowa v. [read post]
19 Feb 2010, 9:05 am
” Coan introduces this argument in the context of his statement of an objection to originalist claims that the fact of the writtenness of the United States Constitution can serve as a premise in an argument for 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]
18 Feb 2009, 12:37 pm
This shows we take Article V and VI seriously.Informal change can be approached by studying the development of state institutions over time. [read post]
8 Feb 2009, 7:55 am
" Fashion Fabrics of Iowa v. [read post]
18 Dec 2008, 10:36 pm
United States, 216 F.R.D. 478, 480 (D. [read post]
6 Dec 2008, 1:15 pm
The Public and the Courts , Greg Caldeira Part VIII: The Political and Policy Environment of Courts in the United States 35. [read post]
3 Jul 2008, 4:51 pm
" Fashion Fabrics of Iowa v. [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]
