Search for: "Keith Whittington"
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12 May 2016, 1:55 pm
The distinction between judicial restraint and judicial constraint is an important new idea in constitutional theory. [read post]
20 Nov 2024, 1:15 pm
Imagine this: you grew up in rural Texas to a lower-income family, and no one in your family attended college. [read post]
20 Nov 2024, 1:15 pm
Imagine this: you grew up in rural Texas to a lower-income family, and no one in your family attended college. [read post]
21 Mar 2022, 5:01 am
" Keith Whittington has written about some of these laws as applied to universities; I'll speak about that in a separate post. [read post]
4 Jun 2017, 1:06 pm
Originalists will surely stress that theirs is a theoretical interest (this claim can be plausibly made by Keith Whittington) and can be divorced from this history. [read post]
16 Dec 2021, 2:13 pm
I blogged last week about the final report of the Presidential Commission on the Supreme Court. [read post]
3 Dec 2011, 3:19 pm
Yet Keith Whittington is obviously correct when he writes that “[I]nterpretive results are separate from interpretive methods. [read post]
31 Aug 2012, 9:00 am
WHITTINGTON, ET AL., No. 10-0316 Opinion of the Court Concurring and Dissenting This is a potentially major takings case about when government can take property for private (rather than public) benefit. [read post]
30 Aug 2013, 1:03 pm
REGINALD KEITH LANE, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JUAMEKA CYNARRA ROSS, DECEASED, ET AL., No. 11-0826 Opinion of the Court Concurring The Court holds that the requirement that medical expert reports be served on all “parties” by the 120th day extends to those parties named in the petition as defendants but who have not yet been formally served with process for the lawsuit. [read post]
21 Jun 2024, 5:24 am
As previously addressed by Keith Whittington, the case involved Professor Andrew Donadio, who serves as the faculty advisor for the local chapter of Turning Point USA at Tennessee Tech University. [read post]
5 Jun 2007, 4:31 pm
And we shouldn't ignore the potential of Keith Whittington's theory of "constitutional construction" in this context.Let me conclude by saying Ackerman is absolutely right that traditional theories of change that focus on Article V and Supreme Court decisions can't begin to analyze the issues posed after 9/11 (p. 1807). [read post]
14 Jun 2022, 2:29 pm
Fritz, American Sovereigns (Cambridge, 2007) Timothy Sandefur, The Right to Earn a Living (Cato Institute, 2010) Sonu Bedi, Rejecting Rights (Cambridge, 2009) Alison LaCroix, The Ideological Origins of American Federalism (Harvard, 2010) 2010: David Bernstein, Rehabilitating Lochner (Chicago 2011) (assigned ms) Brian Tamanaha, The Formalist-Realist Divide: The Role of Politics in Judging (Princeton, 2009) Earl Maltz, Slavery and the Supreme Court, 1825-1861 (Kansas, 2009) Michael Vorenberg, Final… [read post]
15 Feb 2010, 5:59 am
I first learned of the interpretation-construction distinction via the work of Randy Barnett and later Keith Whittington. [read post]
13 Aug 2019, 2:48 pm
But whether they are, or why they would be, is far beyond my own understanding.Thus, for example, I certainly agree that Keith Whittington’s powerful work about the development of judicial supremacy also explores the technique that I describe as “politicization. [read post]
3 Feb 2025, 5:38 am
From Friday's decision by Judge Michael Watson (S.D. [read post]
10 Mar 2019, 5:08 pm
On 9 March 2019 the House of Lords Communications Committed published its report “Regulating in a Digital World” concluding that the digital world needs a different approach to regulation. [read post]
14 Jan 2007, 9:03 pm
Introduction There are many different theories of constitutional interpretation, but the most controversial and also perhaps the most influential is "originalism"--actually a loosely-knit family of constitutional theories. [read post]
4 Jul 2024, 1:06 pm
[My seminar picks for 2024 (and every year since 2005).] [read post]
21 Mar 2023, 7:01 am
[My seminar picks for 2023 (and every year since 2005).] [read post]
5 Nov 2007, 12:13 am
Much of constitutional law involves what I would call (following Keith Whittington) constitutional construction-- fleshing out the constitutional text and principles through implementing rules and institutions. [read post]
