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(2021) Donald Drakeman, The Hollow Core of Constitutional Theory: Why We Need the Framers (2021) Jamal Greene, How Rights Went Wrong: Why Our Obsession With Rights is Tearing America Apart (2021) David Schwartz, The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Superior Court Takes On Covid Vaccination, Religious & Speech Freedoms All in One Case.

9 Mar 2023, 1:44 pm by Mark Ashton

Barnette, 319 U.S. 624, 642, 63 S. [read post]

Pennsylvania Family Law - http://pafamilylaw.foxrothschild.com/

[Eugene Volokh] FIRE Proposes Model Intellectual Freedom Protection Act to Restrict Compulsory DEI Statements in Public Colleges

16 Feb 2023, 10:25 am by Eugene Volokh

"; and WHEREAS in Healy v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

The Man Who Wrote "We the People"

2 Feb 2023, 6:30 am by John Mikhail

In addition, Wilson was one of the main authors of the 1790 Pennsylvania constitution—another surprisingly neglected fact about him, which bears on Moore v. [read post]

Balkinization - http://balkin.blogspot.com/

"Business as Usual" For Originalism?

1 Feb 2023, 7:31 am

New York State Rifle & Pistol Association v. [read post]

Michael Smith's Law Blog - http://www.smithblawg.blogspot.com

Text, History, and Tradition in the 2021-2022 Term: A Response to Professors Barnett and Solum

1 Feb 2023, 4:30 am by Eric Segall

In New Yok State Pistol & Rifle Ass's., v. [read post]

Dorf on Law - http://www.dorfonlaw.org/

Are Jan. 6 Defendants Getting a Fair Shake from DC Juries? Comparing Jury and Bench Trial Outcomes

30 Jan 2023, 7:57 am by Roger Parloff

I described then the legal landscape in which their motions to transfer venue are playing out, which is largely set by the District of Columbia Circuit’s binding, en banc 1976 ruling in United States v. [read post]

Lawfare - http://www.lawfareblog.com/

[Randy E. Barnett] Originalism after Dobbs, Bruen, and Kennedy

28 Jan 2023, 10:41 am by Randy E. Barnett

New York State Rifle & Pistol Association v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Downloads of the Week: (1) "Originalism after Dobbs, Bruen, and Kennedy" by Barnett & Solum, (2) "The Incompatibility of Substantive Canons and Textualism" by Eidelson & Stephenson, & (3) "The Puzzle of Procedural Originalism" by Sohoni

28 Jan 2023, 6:00 am by Lawrence Solum

New York State Rifle & Pistol Association v. [read post]

Legal Theory Blog - https://lsolum.typepad.com/legaltheory/

Barnett & Solum on Originalism, History, and Tradition

26 Jan 2023, 8:29 am by Lawrence Solum

New York State Rifle & Pistol Association v. [read post]

Legal Theory Blog - https://lsolum.typepad.com/legaltheory/

Was the Constitution Pro-Slavery?

23 Jan 2023, 7:30 am by Guest Blogger

Their images should be treated with the same scorn as those depicting Chief Justice Roger Taney, the author of the execrable decision in Dred Scott v. [read post]

Balkinization - http://balkin.blogspot.com/

The State of Constitutional Theory

13 Jan 2023, 6:30 am by Guest Blogger

” Randy Barnett and Gary Lawson were among the first to adopt uncompromisingly originalist positions. [read post]

Balkinization - http://balkin.blogspot.com/

Syllabus for my Course on Freedom of Speech and Freedom of Inquiry

9 Jan 2023, 5:00 am by Marc DeGirolami

Barnette (1943) Wooley v. [read post]

Mirror of Justice - https://mirrorofjustice.blogs.com/