Search for: "Michael Rappaport"
Results 181 - 200
of 224
Sorted by Relevance
|
Sort by Date
14 May 2018, 9:49 am
But, as legal scholar Michael Rappaport showed in an important article, these decisions have a basis in the Founding-era understanding of the word "state," which implied a sovereign authority that the federal government could not undercut by seizing control over the state's government apparatus. [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]
14 Nov 2018, 11:45 am
McGinnis and Michael RappaportIn a recent blog post, Jack Balkin argues that Jonathan Gienapp’s new book creates problems for original methods originalism, the originalist approach that we have developed. [read post]
2 May 2022, 4:30 am
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]
14 Jun 2022, 2:29 pm
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 Apr 2007, 6:13 am
Update: Commenter Simon generously provides a link to Michael Rappaport's paper The Original Meaning of the Recess Appointments Clause; my hearty thanks to Simon. [read post]
19 May 2008, 2:06 pm
Rappaport — have agreed to settle with the SEC without admitting or denying the complaint. [read post]
12 May 2016, 1:55 pm
The distinction between judicial restraint and judicial constraint is an important new idea in constitutional theory. [read post]
27 Jun 2014, 6:33 am
As Michael Rappaport has chronicled, the executive branch has made recess appointments during shorter and shorter periods as time goes on. [read post]
23 Jul 2021, 11:20 am
Schuck, Agent Orange on Trial: Mass Toxic Disasters in the Courts (1987). [2] Michael D. [read post]
4 Jul 2024, 1:06 pm
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]
30 May 2021, 10:48 am
Recent Developments in Asbestos, Talc, Silica, Tobacco, and E-Cigarette/Vaping Litigation in the U.S. and Canada (George Gigounas, Arthur Hoffmann, David Jaroslaw, Amy Pressman, Nancy Shane Rappaport, Wendy Michael, Christopher Gismondi, Stephen H. [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
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]
18 Dec 2014, 2:35 pm
--and originalism, like humanity itself, is condemned to be free.There are three responses to Steve's essay: One is by Michael Rappaport, The Original Decision and Abstract Originalism-- An Unbiased Approach to Originalism. [read post]
22 Feb 2022, 7:02 am
I am pretty sure Professors Michael Rappaport and Michael Ramsey, who run run the program, would appreciate me saying the conference is open to all and non-originalists and anti-originalists are more than welcome to attend and are even appreciated. [read post]
30 Nov 2011, 5:55 am
Adopting his thesis makes sense if you believe that originalism is required by the rule of law (Barnett, me), by the benefits of supermajority procedures (McGinnis and Rappaport), as a framework for politics and constitutional construction (me), as a requirement of democratic legitimacy (Whittington, Bork, me), or as a basis for judicial restraint (Bork, Scalia, and many others).By contrast, Gerard's stipulation about who is engaged in originalist interpretation not only leaves people… [read post]
7 Dec 2021, 7:51 pm
The Commission's conclusion on this point reflects the dominant view among legal scholars, though Randy and Michael Rappaport have offered serious arguments on the other side. [read post]
6 Mar 2024, 7:15 am
See also Michael Rappaport's and Chris Green's originalist critques of the Court's reasoning. [read post]
22 Jun 2010, 10:00 pm
For examples of what other Canadian firms are doing, see Michael Rappaport’s article in the current issue of the Canadian Corporate Counsel Association magazine. [read post]
