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19 Feb 2024, 8:57 am by John Mikhail
Much of the evidence I discuss here has been ignored or overlooked in the existing scholarship on Section Three, and most of it does not appear in any of the briefs in Trump v. [read post]
18 Dec 2023, 6:30 am by Guest Blogger
  For Sunstein, originalism is unable to accommodate cases such as Brown v. [read post]
26 Feb 2023, 6:00 am by Lawrence Solum
  I am about to give you Rawls's ideas about public reason, but it is very important to realize that Rawls's theory is just one of many, and that new theories of public reason are likely to emerge in the years ahead.Rawls and Public Reason In an early formulation, Rawls explained what he has called the "idea of free public reason" [G]reat values fall under the idea of free public reason, and are expressed in the guidelines for public… [read post]
14 Jan 2023, 6:30 am by Guest Blogger
I offer a couple of examples, written by Chief Justice Hughes (who was no slouch as a lawyer), out of many that could be deployed.[12]  Wood v. [read post]
13 Jan 2023, 6:30 am by Guest Blogger
  Some early versions of originalism, as promoted by Ed Meese among others, took this form. [read post]
28 Aug 2022, 10:33 am
"... that had just been installed on campus, warming up chocolate-chip cookies while talking about Italy and the philosopher John Rawls. [read post]
3 Feb 2021, 3:00 pm by Josh Blackman
[This post was co-authored by Josh Blackman and Seth Barrett Tillman] Introduction. [read post]
9 Oct 2020, 6:30 am by Guest Blogger
 Jack Rakove              Back in the early 1970s, when my old friend Alex Keyssar and I were Harvard graduate students, we were part of an occasional “politics table” at Leverett House featuring John Rawls and Judith Shklar. [read post]
2 Mar 2020, 6:30 am by Guest Blogger
  In the early nineteenth century, political machines in big cities would routinely bus their supporters to various polling locations to intimidate the opposition, not unlike the actions of the Republican National Committee in the early 1980s that resulted in a three decades long consent decree that barred the RNC from challenging the qualifications of voters at the polls. [read post]
17 May 2018, 1:36 pm
Full details and tickets can be obtained through Eventbrite - book early to avoid disappointment! [read post]
9 Nov 2015, 7:09 am
”  Id. at 935.Arizona:  The Arizona Supreme Court in Rawlings v. [read post]
2 Oct 2015, 12:04 pm by Rebecca Tushnet
   Justify v. specify: lawyers deal with specification. [read post]