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27 Jul 2023, 7:25 pm by Howard Bashman
“The Unnecessary Major Questions Doctrine; When it comes to restraining executive agencies, traditional interpretive canons could do nearly as well as the MQD without departing from originalism”: Mike Rappaport has this post at the “Law & Liberty” blog. [read post]
29 Jun 2023, 9:00 am by Guest Author
*This post is part of a symposium on Modernizing Regulatory Review. [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]
16 Jun 2023, 2:55 am by Immigration Prof
Nolan Rappaport ("An immigration reform deal that could actually pass") on The Hill offers ideas on immigration reform that might be passed by Congress. [read post]
7 Jun 2023, 3:48 pm by Christopher J. Walker
Rappaport (57 Wake Forest Law Review 1283 (2023)) Capital Regulation as Climate Policy by Joel Michaels (59 Idaho Law Review forthcoming) Offices and Officers of the Constitution, Part III: The Appointments, Impeachment, Commissions, and Oath or Affirmation Clauses by Seth Barrett Tillman & Josh Blackman (62 South Texas Law Review forthcoming) Separation of Structures by Alex Zhang (Virginia Law Review forthcoming) The Fall of FDA Review by Daniel G. [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
In doing so, McGinnis and Rappaport argue, one can circumvent the unpredictable and malleable process of applying original meaning to present circumstances through "constitutional construction. [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]
13 Mar 2023, 10:16 am by qbaron
FiveThirtyEight Features John Rappaport’s Study on Police Facebook Pages qbaron Mon, 03/13/2023 - 12:16 Read more about FiveThirtyEight Features John Rappaport’s Study on Police Facebook Pages FiveThirtyEight Maggie Koerth Policing There's A Racial Bias on Police Facebook Pages [read post]
12 Mar 2023, 10:00 pm by Guest Author
  Elena Chachko is the inaugural Rappaport Fellow at Harvard Law School. [read post]
27 Feb 2023, 8:55 am by Lawrence Solum
Rappaport (University of San Diego School of Law) have posted An Originalist Approach to Prospective Overruling on SSRN. [read post]
12 Feb 2023, 9:18 am by Benjamin Goh
Bowman Heiden and Matthew Rappaport will host this webinar on February 16 on patent holdup theory, which posits how weak patents asserted under the threat of injunctive relief can extract greater value than their true worth. [read post]
12 Feb 2023, 7:04 am by Benjamin Goh
Bowman Heiden and Matthew Rappaport will host this webinar on February 16 on patent holdup theory, which posits how weak patents asserted under the threat of injunctive relief can extract greater value than their true worth. [read post]
3 Feb 2023, 10:45 am by Lawrence Solum
Rappaport (University of San Diego School of Law) has posted Chevron and Originalism: Why Chevron Deference Cannot Be Grounded in the Original Meaning of the Administrative Procedure Act (Wake Forest Law Review, Vol. 57, No. 4, 2023) on SSRN. [read post]
15 Jan 2023, 5:00 am by Eric Segall
 By Eric SegallOver at the originalism blog, which has been more than generous to my work over the years, Professor Michael Rappaport used the new ChatGPT to write a poem on constitutional originalism. [read post]
3 Jan 2023, 8:12 am by Taylor Johnson
The Drake University Constitutional Law Center is pleased to announce Michael Rappaport as presenter of the 2023 Judge James Grant Iowa Constitution Lecture. [read post]