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The Consequences of Capitulation

5 May 2024, 4:13 am by SHG

McGinnis explains the problem with capitulation. [read post]

Simple Justice - http://blog.simplejustice.us

[Ilya Somin] Michael Rappaport on "the Originalist Disaster" of the Supreme Court's Ruling in Trump v. Colorado

5 Mar 2024, 8:59 pm by Ilya Somin

In a recent post at the Originalism Blog, he skewers the Supreme Court's recent ruling in Trump v. [read post]

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

Does “Textualism” Really Prevent “Judicial Activism”? A Response to Prof. John McGinnis, by David Doniger

28 Feb 2024, 2:06 pm by Guest Author

In ASARCO v. [read post]

Notice & Comment - https://www.yalejreg.com/nc/

Legal Theory Lexicon: Originalism

7 May 2023, 6:00 am by Lawrence Solum

The ratification debates and Federalist Papers can be supplemented by evidence of ordinary usage and by the constructions placed on the Constitution by the political branches and the states in the early years after its adoption. [read post]

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

A Constitutional Right Not to Travel? Using the Inverse of an Established Constitutional Right in the Climate Migration Context to Challenge Harmful Government Action

26 Mar 2023, 1:47 pm by Jillian Houle

The Idaho Supreme Court, for example, stated in Bartosz v. [read post]

Pace Environmental Law Review Blog - https://pelr.blogs.pace.edu/

[Randy E. Barnett] Recent Books on the Constitution

21 Mar 2023, 7:01 am by Randy E. Barnett

(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/

Between Liberalism and Democracy – John O. McGinnis

9 Feb 2023, 5:45 pm by Tom Smith

Even the overruling of Roe v. [read post]

The Right Coast - https://rightcoast.typepad.com/rightcoast/

NY State Rifle Case “Recoils” to Re-Arm Domestic Abusers

3 Feb 2023, 10:15 am by Mark Ashton

McGinnis. [read post]

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

Originalism as Dangerous Nonsense

3 Nov 2022, 7:48 am by Eric Segall

Wade in Dobbs v. [read post]

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

Federal Middle District Court Reviews Issues of Intra-Policy and Inter-Policy Stacking

16 Sep 2022, 5:00 am

Co. v. [read post]

Tort Talk - http://www.torttalk.com/

[Samuel Bray] Is "Necessary and Proper" a Hendiadys? Responding to Calabresi, Kostial, and Lawson

5 Sep 2022, 5:50 pm by Samuel Bray

McGinnis & Michael B. [read post]

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

[Ilya Somin] Originalism and the "Major Questions" Doctrine

21 Aug 2022, 9:10 am by Ilya Somin

For example, a clear statement is needed before a statute is read to interfere with a state's internal governance (Gregory v. [read post]

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

Expected Applications, the Second Amendment, and Why Real Originalism is Either Intolerable or Impossible

25 Jul 2022, 4:30 am by Eric Segall

By Eric SegallLast week at the Law & Liberty blog, Professor John McGinnis, a self-proclaimed originalist, was quite giddy about the Court's Second Amendment opinion in New York Pistol & Rifle Association v. [read post]

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

[Randy E. Barnett] Recent Books on the Constitution

14 Jun 2022, 2:29 pm by Randy E. Barnett

(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/

What Might a Congressional Counterpart to the Office of Legal Counsel Look Like?

17 May 2022, 9:47 am by William Ford

Bipartisan bills in the House and Senate seek to reclaim Congress’s role in determining when the United States uses force abroad. [read post]

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

Libertarianism as Constitutional Interpretation

26 Jan 2022, 5:00 am by Eric Segall

By Eric SegallLast week on the Law & Liberty Blog, Professor John McGinnis, a self-identified textualist-originalist, wrote a love letter to the Supreme Court about its decision in NFIB v. [read post]

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

Finding of conversion and fraudulent concealment affirmed where brother signed sister’s name on check

9 Aug 2021, 5:59 am by The Law Offices of John Day, P.C.

In Pomeroy v. [read post]

Day on Torts - http://www.dayontorts.com/

Partisan Politics, Legal Realism, and the Myth of the Unitary Executive

26 Jul 2021, 12:00 am by Eric Segall

As McGinnis says, this decision came as no surprise because the Roberts Court previously held in Seila Law v. [read post]

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

Originalism, Methodology, and the Reconstruction Amendments

25 Jun 2021, 6:30 am by Guest Blogger

See Dobbs v. [read post]