Search for: "Michael McGinnis"
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15 Feb 2010, 5:59 am
The Relationship Between "Construction" and "Vagueness" This brings me to the criticisms that Michael Rappaport and John McGinnis have offered in connection with the interpretation-construction distinction. [read post]
23 May 2018, 11:01 am
In my view, like that of McGinnis and Rappaport, originalism can only be effectively defended on instrumental grounds. [read post]
5 Jun 2022, 6:00 am
John McGinnis and Michael Rappaport have argued that constitutional construction is unnecessary. [read post]
15 Jun 2010, 8:36 am
” In an op-ed at the Wall Street Journal, John McGinnis and Michael Rappaport criticize Justice Souter’s Harvard commencement address. [read post]
12 Feb 2014, 10:21 am
Buswell• Shawn Connelly• Frédéric Desmarais• Corrado De Stefano• Michael D. [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]
14 Aug 2015, 8:42 am
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]
17 Aug 2020, 8:40 am
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]
14 Jun 2022, 2:29 pm
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]
5 Feb 2014, 10:02 am
Samsung SDI, one of the defendants involved in the motion practice before Judge Gottschall, is represented by Gary Halling, James McGinnis, and Michael Scarborough of Sheppard Mullin Richter & Hampton LLP. [read post]
13 Jul 2012, 6:43 am
Michael Ramsey and Donald Childress have posts as part of this blog’s continuing symposium on next Term’s Kiobel v. [read post]
8 Mar 2012, 9:27 pm
Barry Wertz and Jonathan Baughman of McGinnis Lochridge & Kilgore in Houston represented Aspect. [read post]
12 May 2016, 1:55 pm
The distinction between judicial restraint and judicial constraint is an important new idea in constitutional theory. [read post]
2 Jul 2013, 1:41 pm
The other day, I was blogging about tags, and somebody asked what are all the tags. [read post]
5 Apr 2017, 8:06 am
” Meanwhile Northwestern University law professor John McGinnis published this response to Professor Bilder’s editorial in which he explains his and San Diego law professor Michael Rappaport’s view that the Constitution is best read as a legal document. [read post]
10 Jul 2009, 3:37 am
") The group is a distinguished one, including Judge Michael McConnell and Professors David Bernstein, Dale Carpenter, Richard Epstein, John McGinnis, Michael Paulsen, Nancy Rosenblum, and Seana Shiffrin. [read post]
26 Jun 2020, 3:47 am
At the Appellate Advocacy Blog, Michael Gentithes suggests that the textualist approach applied by Justice Neil Gorsuch in Bostock v. [read post]
4 May 2023, 8:47 am
Heaney compares my critique of originalism to similar arguments by Michael Stokes Paulsen against nonoriginalism. [read post]
21 Mar 2023, 7:01 am
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]
18 Dec 2014, 2:35 pm
--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]
