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11 Jan 2017, 4:20 am by Walter Olson
Group letters by law professors opposing nominees should be treated with the respect due, normally zero [John McGinnis, Michael Krauss, Paul Caron/TaxProf with links to columns by Stephen Presser, Scott Douglas Gerber, and James Huffman] USA, courthouse to the world for compensation claims, even 100+ years later [Guardian on suit in Manhattan federal court by descendants of atrocities committed by Germans in what is now Namibia in early 1900s] Marvels of NYC tenant law:… [read post]
10 Aug 2016, 8:00 am by Ilya Somin
Primus’ post has drawn thoughtful rebuttals by John McGinnis and Michael Ramsey. [read post]
16 May 2016, 9:05 pm by Walter Olson
“Eleventh Circuit Reins in NLRB’s Mischaracterization of Independent Contractors as ‘Employees'” [John Park, Washington Legal Foundation] “Relax Everyone: NELP’s New Report Says The Minimum Wage Doesn’t Cost Jobs” [Tim Worstall] “The Economic Denialism of a $15 Minimum Wage” [John McGinnis; Chris Edwards/Cato] David Henderson scrutinizes work by left-wing Berkeley economist Michael Reich backing $15 minimum… [read post]
12 May 2016, 1:55 pm by JB
The distinction between judicial restraint and judicial constraint is an important new idea in constitutional theory. [read post]
23 Nov 2015, 9:05 pm by Walter Olson
“Bill shielding identities of police who use force passes Pennsylvania House” [Watchdog] Speaking of privacy: “Three Minneapolis officers sue after their names are revealed in prostitution sting” [Star Tribune] Also, how Law Enforcement Officer Bill of Rights (LEOBR) laws fit in: “How bloated pensions contribute to police brutality” [Radley Balko] “Reducing the Power of Paramilitary Unions is a Civil Rights Issue” [John McGinnis, Law… [read post]
4 Oct 2015, 7:29 am by Stephen Griffin
  Randy Barnett takes this position in Restoring the Lost Constitution and it comes into especially sharp relief in John McGinnis and Michael Rappaport’s recent book Originalism and the Good Constitution. [read post]
14 Aug 2015, 8:42 am by JB
In the limiting case, best represented by the original methods originalism of John McGinnis and Michael Rappaport, there is little or no room for construction at all; everything can and should be done through fidelity to original public meaning.)People often confuse two very different positions about the role of original expected applications in the New Originalism.The first position says that because these materials are not binding on future generations, interpreters may and… [read post]
13 Aug 2015, 2:55 pm by Stephen Griffin
In the very interesting Clough Center symposium referred to in my previous post, moderator Jim Fleming asked where we are in the debate between the various forms of originalism and living constitutionalism. [read post]
1 Jul 2015, 8:39 am
Recognition of this reality is one factor that has led a wide range of scholars to defend originalism on instrumental grounds, including John McGinnis and Michael Rappaport, Akhil Amar, and Michael Ramsey (in an exchange occasioned by my initial essay in this symposium, where he ultimately agreed that the rule of law is an instrumenal rather than intrinsic justification for originalism). [read post]
31 May 2015, 9:05 pm by Walter Olson
“Laura & Marvin Horne’s Story”, video on raisin takings case, features the great Michael McConnell [YouTube, earlier] Actor Edward Gero shines as Antonin Scalia in new stage play The Originalist but script doesn’t really understand originalists or Federalist Society types, thinks John McGinnis [City Journal] McGinnis on the difference between “big”/philosophical cases and normal cases at the Supreme Court [Liberty and Law] … [read post]
18 May 2015, 6:01 am by Brian M. Wright
Brand offered testimony from Michael McGinnis, the project engineer who coordinated the Cherry Point job on behalf of Brand. [read post]
23 Feb 2015, 8:52 am by Harold O'Grady
In Originalism and the Good Constitution, John McGinnis and Michael Rappaport argue that it ought to change in only one way: through the formal mechanisms set out in the Constitution’s own Article V. [read post]
6 Feb 2015, 6:00 am by Bridget Crawford
Washington Jennifer Camero ProfessorCamero Southern Illinois Montre Carodine MDCarodine Alabama Paul Caron SoCalTaxProf Pepperdine Michael  Carrier  profmikecarrier  Rutgers Arturo Carrillo AJCarrillo4 George Washington Elizabeth Carter BitsyNOLA Louisiana State Melissa  Casan MsCastan Monash David Case dwcase Mississippi Mary Anne Case Mary_Anne_Case Chicago Tim Caulfield CaulfieldTim Alberta James  Cavallaro  JimCavallaro  Stanford Eric Chaffee… [read post]
28 Jan 2015, 12:50 am
– Akhil Amar and John McGinnis and Michael Rappaport; see also this directly relevant essay by Rappaport) do not claim that such applications automatically trump other considerations; they still leave considerable room for adjustment to changing factual circumstances. [read post]
26 Jan 2015, 9:15 pm by Walter Olson
Most of my essay is about politics and policy, but here’s a bit related to law: Northwestern law professor and Federalist Society member John McGinnis says [New York Gov. [read post]
18 Dec 2014, 2:35 pm by JB
--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]