Search for: "Michael McGinnis" Results 1 - 20 of 164
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25 Jun 2024, 10:57 am by Gus Hurwitz
” And as John McGinnis and Michael Rappaport recently argued, “Allowing each new administration to use Chevron to flip-flop interpretations of statutes permits partisans to wait for a President of their liking to deliver their party’s uncompromising position. [read post]
5 Mar 2024, 8:59 pm by Ilya Somin
 (Joe Ravi/Wikimedia/CC-BY-SA 3.0)  Michael Rappaport is one of the nation's most prominent originalist legal scholars, and author of such important works as Originalism and the Good Constitution (coauthored with John McGinnis). [read post]
16 Jul 2023, 6:00 am by Lawrence Solum
Introduction One of the most powerful ideas that legal theory borrows from economics is the idea of a "public good. [read post]
26 Jun 2023, 6:16 pm
(p. 1681)Similarly, in their book, Originalism and the Good Constitution, John McGinnis and Michael Rappaport write that in an ideal originalist world, scholars will take the lead in determining original meaning:[I]n a world dominated by originalism, academics would work to create the knowledge that would improve the performance of originalist judges and reinforce their inclination to be consistently originalist. [read post]
7 May 2023, 6:00 am by Lawrence Solum
Introduction There are many different theories of constitutional interpretation, but the most controversial and also perhaps the most influential is "originalism. [read post]
4 May 2023, 8:47 am
Heaney compares my critique of originalism to similar arguments by Michael Stokes Paulsen against nonoriginalism. [read post]
21 Mar 2023, 7:01 am by Randy E. Barnett
Buckley, The Once and Future King: The Rise of Crown Government in America (Encounter 2014) Brad Snyder, The House of Truth (Oxford 2017) (assigned ms) Stephen Garbaum, The New Commonwealth Model of Constitutionalism (Cambridge 2013) Laura Donohue, The Future of Foreign Intelligence (Chicago 2016) (assigned ms) 2014: Clark Neily, Terms of Engagement: How Our Courts Should Enforce the Constitution's Promise of Limited Government (Encounter 2013) Thomas Healy, The Great Dissent: How Oliver… [read post]
27 Feb 2023, 8:55 am by Lawrence Solum
McGinnis (Northwestern University - Pritzker School of Law) & Michael B. [read post]
31 Aug 2022, 4:30 am by Eric Segall
Originalist Professors Michael Rappaport and John McGinnis have long argued in essays, articles, and a book that judges today should use only those interpretive methods that were available to judges at the founding to decide constitutional law cases. [read post]
14 Jun 2022, 2:29 pm by Randy E. Barnett
Buckley, The Once and Future King: The Rise of Crown Government in America (Encounter 2014) Brad Snyder, The House of Truth (Oxford 2017) (assigned ms) Stephen Garbaum, The New Commonwealth Model of Constitutionalism (Cambridge 2013) Laura Donohue, The Future of Foreign Intelligence (Chicago 2016) (assigned ms) 2014: Clark Neily, Terms of Engagement: How Our Courts Should Enforce the Constitution's Promise of Limited Government (Encounter 2013) Thomas Healy, The Great Dissent: How Oliver… [read post]
5 Jun 2022, 6:00 am by Lawrence Solum
John McGinnis and Michael Rappaport have argued that constitutional construction is unnecessary. [read post]
17 May 2022, 9:47 am by William Ford
That advice—which is considered binding on executive agencies unless overruled by the attorney general or the president—and the attorney general’s opinions together constitute, as former OLC deputy John McGinnis has put it, “the largest body of official interpretation of the Constitution and statutes outside the volumes of the federal court reporters. [read post]
2 May 2022, 4:30 am by Eric Segall
 For example, McGinnis's frequent co-author Michael Rappaport has argued that if a judge believes by the smallest of margins ("51-49") that a statute is inconsistent with the Constitution's original meaning, the judge should rule the law unconstitutional. [read post]
25 Jun 2021, 6:30 am by Guest Blogger
For the Symposium on Kurt Lash, The Reconstruction Amendments: The Essential Documents (University of Chicago Press, 2021)(2 vols.). [read post]
23 Jun 2021, 6:30 am by Guest Blogger
  A fourth technique is mastering the Constitution’s “language of law,” as John McGinnis and Michael Rappaport have argued. [read post]
15 Jun 2021, 2:05 pm by Tom Smith
Keywords: polarization, presidency, administrative state, delegation, war powers, executive agreement JEL Classification: k10, k19 Suggested Citation: Suggested Citation McGinnis, John and Rappaport, Michael B., Presidential Polarization (February 18, 2021). [read post]
27 May 2021, 4:47 am by Dan Filler
Dean Michael McGinnis has announced that he will step down as the dean of the University of North Dakota School of Law at the end of the 2021-22 school year. [read post]
2 Apr 2021, 12:46 pm by tvasil
June 24: Litigation, Investigations & Enforcement Presenters: Lindsey Kress, Molly McGinnis Stine and Tara Trifon What’s the latest in the fast-paced world of privacy and cybersecurity litigation and enforcement? [read post]
30 Oct 2020, 5:02 am by Michael Ramsey
John McGinnis and Michael Rappaport argue that the supermajority process required to adopt constitutional provisions tends to produce good results. [read post]