Search for: "Mike Rappaport" Results 1 - 20 of 361
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25 Jul 2022, 4:30 am by Eric Segall
In contrast, Mike Rappaport and I believe that the expected applications are often good evidence—sometimes the best evidence—of what the text actually meant....Thomas clearly embraces expected applications.I don't think this really captures Balkin's position but it does accurately state the opposition to strong reliance on expected applications by most New Originalists, including Professor Larry Solum. [read post]
14 Oct 2021, 7:03 am by James Romoser
Here’s the Thursday morning read: SCOTUS changed oral arguments in part because female justices were interrupted, Sotomayor says (Ariane de Vogue, CNN) A Justice for All Seasons (John McGinnis & Mike Rappaport, Law & Liberty) The Marble Palace Blog: First Questioner (Tony Mauro, The National Law Journal) Supreme Court Seems Ready to Restore Death Sentence for Boston Marathon Bomber (Adam Liptak, The New York Times) Supreme Court signals support to restore death… [read post]
5 May 2021, 4:22 pm by Josh Blackman
Both are examples within the third category. — Randy Barnett (@RandyEBarnett) May 5, 2021 Here's another libertarian with a similar take: — Randy Barnett (@RandyEBarnett) May 5, 2021 Update: Professor Mike Rappaport wrote a relevant essay in January, titled Can a Classical Liberal Support Big Tech Regulation? [read post]
1 Apr 2021, 9:28 am by Josh Blackman
Mike Dorf wrote a post titled Testiness at the First Annual Conference on Originalismism. [read post]
26 Mar 2021, 1:43 pm by Josh Blackman
But I agree with Mike Rappaport: "Justice Kavanaugh's originalism is by no means proven. [read post]
11 Dec 2020, 7:33 am by Howard Bashman
“A Nondelegation Doctrine the Court Can Believe In; The Constitution’s original meaning provides a judicially manageable line between constitutional and unconstitutional delegations”: Mike Rappaport has this post at the “Law & Liberty” blog. [read post]
7 Aug 2020, 2:00 pm by Howard Bashman
“The Originalist Disaster in Chiafalo“: Mike Rappaport has this post at the “Law & Liberty” blog. [read post]
28 May 2020, 7:44 am by Josh Blackman
" As Mike Rappaport and I have argued, it is constitutional for judges to follow Court precedent rather than original meaning. [read post]
11 May 2020, 3:17 am by Walter Olson
[Mike Rappaport and followup post, both 2018] And now for something completely different: “Ayn Rand, Gary Lawson, and the Supreme Court” [Balkinization symposium last summer on Ken Kersch book Conservatives and the Constitution, more; unrelated but also about Lawson] Tags: Article V, constitutional law, COVID-19 virus, Fourth Amendment, judges, Ninth Circuit, public health, Supreme Court [read post]
3 Apr 2020, 10:45 am by Howard Bashman
“The State of Originalism”: Mike Rappaport has this post at the “Law & Liberty” blog. [read post]
5 Mar 2020, 7:55 am by Josh Blackman
She suggests that originalism will necessarily require a wholesale repudiation of precedents that undergird the modern state without taking account of work like my own and Mike Rappaport's that identifies a role for precedent within originalist theory. [read post]
30 Jan 2020, 2:58 am by Walter Olson
[Mike Rappaport, Law and Liberty] Tags: Article V, constitutional law, Virginia [read post]
20 Dec 2019, 10:55 am by Howard Bashman
“The Controversy about the ERA Amendment Process”: Mike Rappaport has this post at the “Law & Liberty” blog. [read post]
13 Dec 2019, 5:50 pm by Howard Bashman
“Applying the Fourth Amendment’s Original Meaning to Cell Phones and Heat Sensors”: Mike Rappaport has this post at the “Law & Liberty” blog. [read post]
6 Dec 2019, 5:40 am by Howard Bashman
“Originalism, the Fourth Amendment, and New Technology”: Mike Rappaport has this post at the “Law & Liberty” blog. [read post]