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15 Aug 2022, 5:30 am by Keith E. Whittington
[A comprehensive catalog of every case in which the Court considered a constitutional challenge to an act of Congress] I have now posted to my personal website an updated and expanded version of the Judicial Review of Congress Database. [read post]
2 Aug 2022, 12:10 pm by Lawrence Solum
Deployment of the interpretation-construction distinction was a hallmark of the so-called "New Originalism," which traces back to the late 1990s and is found in the work of Keith Whittington and Randy Barnett. [read post]
6 Jul 2022, 9:01 am by Keith E. Whittington
[A conversation with Eugene Volokh about the Shapiro controversy and political statements by university leaders] A new episode of The Academic Freedom Podcast from the Academic Freedom Alliance is now available. [read post]
14 Jun 2022, 2:29 pm by Randy E. Barnett
Fritz, American Sovereigns (Cambridge, 2007) Timothy Sandefur, The Right to Earn a Living (Cato Institute, 2010) Sonu Bedi, Rejecting Rights (Cambridge, 2009) Alison LaCroix, The Ideological Origins of American Federalism (Harvard, 2010) 2010: David Bernstein, Rehabilitating Lochner (Chicago 2011) (assigned ms) Brian Tamanaha, The Formalist-Realist Divide: The Role of Politics in Judging (Princeton, 2009) Earl Maltz, Slavery and the Supreme Court, 1825-1861 (Kansas, 2009) Michael Vorenberg, Final… [read post]
8 Jun 2022, 7:00 am by Guest Blogger
While this Protestant message helped Roosevelt prevail over the Supreme Court’s resistance, his failed attempt to pack the Court had dramatic repercussions for constitutional Catholicism: it cemented judicial supremacy into the American political order (Whittington 2008). [read post]
5 Jun 2022, 6:00 am by Lawrence Solum
The phrase “New Originalism” was first used Evan Nadel in 1996, but the phrase was popularized by Randy Barnett and Keith Whittington a few years later. [read post]
19 May 2022, 9:11 am by Keith E. Whittington
[My new article on academic freedom now online at the Houston Law Review] This fall I participated in the annual Frankel Lecture symposium at the University of Houston Law School. [read post]
18 May 2022, 2:47 pm by Keith E. Whittington
[Fifth Circuit panel finds several constitutional problems with the Securities and Exchange Commission] In Jarkesy v. [read post]
25 Apr 2022, 8:05 am by Keith E. Whittington
[Religion and philosophy professor removed from directing a scholarly center for inviting Peter Singer to give a public lecture.] [read post]
20 Apr 2022, 11:43 am by Keith E. Whittington
[A conversation with David Rabban about the scope of protections for extramural and intramural speech] A new episode of The Academic Freedom Podcast from the Academic Freedom Alliance is now available. [read post]
10 Apr 2022, 6:00 am by Lawrence Solum
History of the Interpretation-Construction Distinction My impression is that many legal scholars believe that the interpretation-construction distinction was introduced by Keith Whittington and popularized by Randy Barnett as as part of the emergence of the "new originalism" in the late 1990s. [read post]
9 Apr 2022, 6:01 pm by Robert George
Turner (Yale University Press, 1997) Keith Whittington, Speak Freely Why Universities Must Defend Free Speech (Princeton University Press, 2018) Digital Reader: Mark Edmundson, “On the Uses of a Liberal Education,” Harper’s (September 1997) William Deresiewicz, “Don't Send Your Kid to the Ivy League,” The New Republic (July 21, 2014) Plato, Protagoras, 320c-328d Aristotle, Politics, 7.13-8 Quintilian, Institutio oratoria (Book 10) Petrarch,… [read post]
2 Apr 2022, 8:05 am by Ilya Somin
It was an honor to appear on a podcast whose previous guests include numerous prominent legal scholars and commentators, including Volokh Conspiracy co-bloggers Randy Barnett, Orin Kerr,  Eugene Volokh, and Keith Whittington, among others. [read post]
29 Mar 2022, 4:30 am by Keith E. Whittington
[Campus administratve unit crosses a line in campaign to shame a sitting member of the faculty] The Academic Freedom Alliance released a public letter to Princeton University calling on the university to reaffirm the academic freedom of classics professor Joshua Katz. [read post]
21 Mar 2022, 5:01 am by Eugene Volokh
" Keith Whittington has written about some of these laws as applied to universities; I'll speak about that in a separate post. [read post]
8 Mar 2022, 8:27 am by Keith E. Whittington
[Philosophy professor suspended from teaching his class on racism for showing a slide with examples of racial epithets] The Academic Freedom Alliance released a public letter to San Diego State University calling on the university to reaffirm the academic freedom of philosophy professor J. [read post]
8 Mar 2022, 5:30 am by Keith E. Whittington
[The AFA calls on the University of Dayton to allow its faculty to hear from the speakers they want] The Academic Freedom Alliance released a public letter to the University of Dayton calling on the university to reaffirm its own commitments to freedom of thought after an unfortunate administrative intervention into a scholarly conference organized by members of its faculty and held on the university campus. [read post]
28 Feb 2022, 3:50 pm by Keith E. Whittington
[The AFA calls on Concordia University Wisconsin to recognize the academic freedom of Prof. [read post]
24 Feb 2022, 6:01 am by Keith E. Whittington
[A conversation with Matthew Finkin on the relationship between tenure and academic freedom] A new episode of The Academic Freedom Podcast from the Academic Freedom Alliance is now available. [read post]