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23 Jan 2020, 9:03 am by Ilya Somin
For helpful summaries of the relevant evidence, see recent analyses by Gene Healy of the Cato Institute, prominent conservative legal scholar Michael Stokes Paulsen (here, here, and here), and Keith Whittington. [read post]
4 Jun 2017, 1:06 pm by Calvin TerBeek
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]
19 Jul 2009, 2:07 pm
"   Both Barnett and Whittington build their theories on a foundation of "original public meaning," but they extend the moves made by Scalia and Lawson in a variety of interesting ways. [read post]
16 Mar 2008, 10:41 am
Randy Barnett  and Keith Whittington  have played prominent roles in the development of the "New Originalism. [read post]
19 Feb 2012, 8:55 pm by Lawrence Solum
Randy Barnett  and Keith Whittington  have played prominent roles in the development of the “New Originalism. [read post]
7 May 2023, 6:00 am by Lawrence Solum
Randy Barnett  and Keith Whittington  have pla [read post]
31 Oct 2010, 12:30 pm by Lawrence Solum
Randy Barnett  and Keith Whittington  have played prominent roles in the development of the “New Originalism. [read post]
9 Jan 2024, 12:05 pm by Eugene Volokh
Meyer, The Recrudescent American Conservatism, in Bacevich, ed., American Conservatism: Reclaiming an Intellectual Tradition OPTIONAL READINGS 1) Michael Oakeshott, On Being Conservative, parts 1, 3, 4 (superb discussion of conservatism as a "disposition" and its relationship to politics) 2) Edmund Burke, Excerpts from Reflections on the Revolution in France; Letter to William Elliot, May 26, 1795 (canonical discussions of conservatism) 3) Francis Fukuyama, Liberalism and its… [read post]
29 Nov 2017, 10:04 am by Sandy Levinson
What follows should be read in the context of Richard Primus’s and Keith Whittington’s absolutely superb postings on the issues raised by the proposal to pack the federal judiciary with Trump nominees chosen, de facto, by a combination of the Federalist Society (Leonard Leo) and the Heritage Foundation. [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 Jun 2021, 6:30 am by Guest Blogger
  A fourth technique is mastering the Constitution’s “language of law,” as John McGinnis and Michael Rappaport have argued. [read post]
3 Dec 2011, 3:19 pm by Andrew Koppelman
Michael McConnell writes: “Such is the moral authority of [Brown v. [read post]
21 Oct 2019, 12:15 am by INFORRM
Goodman, Rutgers Law School, Ryan Whittington, German Marshall Fund of the United States (GMF). [read post]
9 Dec 2020, 3:41 pm by Jonathan H. Adler
It also includes a few prominent conservative academics, including Michael Stokes Paulsen and our own Keith Whittington. [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]
25 Jun 2012, 6:03 am
Roll Call's Politics Editor Lauren Whittington predicted the Democrats pick up a net gain of 10 seats, far short of what they need to win back House control, and said control of the Senate is a jump ball. [read post]
25 Jun 2012, 6:03 am
Roll Call's Politics Editor Lauren Whittington predicted the Democrats pick up a net gain of 10 seats, far short of what they need to win back House control, and said control of the Senate is a jump ball. [read post]
10 Dec 2019, 2:02 pm by Ilya Somin
[In assessing impeachment, we should keep in mind Trump's usurpation of Congress' power over federal spending. [read post]