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17 Jan 2011, 2:10 am by Mike Rappaport
In Why Originalism Is So Popular, Eric Posner, who is something of a rightwing nonoriginalist, emphasizes what I regard as two of the major criticisms of many originalist theories: First, that originalism requires a workable constitutional amendment system, but our system does not produce amendments. [read post]
14 Jan 2011, 4:23 pm by Mike Rappaport
One of my favorite stories each year is the publication of the Index of Economic Freedom. [read post]
19 May 2007, 1:40 am
David Greenberg, who I rarely agree with, writes at the New York Times blog that conservatives claim to be abandoning Bush because he has not acted as a real conservative, but in reality they are abandoning him because his conservative policies have failed and the American people will soon reject them: Far from a subversion of modern American conservatism, Bush represents its fulfillment. [read post]
15 Apr 2010, 5:19 pm by Mike Rappaport
With President Obama's Administration doing so many horrible things, from destroying private health insurance to spending public funds on its allies like a drunken sailor to its shabby treatment of American allies abroad, I have struggled to find something to like about these guys. [read post]
22 May 2007, 11:56 am
This poll of American Muslims, conducted by the Pew Charitable Trust, is disturbing in many ways, although it does suggests American Muslims as a group hold much better views than Muslims in other countries. [read post]
17 Jan 2011, 9:44 pm by Mike Rappaport
The Telegraph reports: However, Russian scientists working at the [Iranian nuclear] plant have become so concerned by Iran's apparent disregard for nuclear safety issues that they have lobbied the Kremlin directly to postpone activation until at least the end of the year, so that a proper assessment can be made of the damage caused to its computer operations by Stuxnet. [read post]
2 Nov 2008, 5:11 pm
Manny Klausner is the founder of Reason Magazine, stalwart supporter of the Federalist Society, and libertarian lawyer extraordinaire. [read post]
13 Mar 2012, 10:29 am by Alfred Brophy
In a recent post at Library of Law and Liberty Mike Rappaport writes:  First, it is not clear that the police power concept was in existence as a concept in 1789.   [read post]
22 Feb 2016, 11:42 am by JB
I do not recall Mike Rappaport rushing to inform us that Keith's research proved that conservatives were strategic about constitutional theory and had always acted in bad faith.The movement toward what is now called judicial engagement was hardly uniform. [read post]
9 Apr 2008, 9:34 am
  And one of our best events was a debate between Mike Ramsey and John Yoo on the scope of the President's War Powers under the original meaning. [read post]
19 Jul 2011, 7:43 am by Ken Kersch
Although he didn't do a good enough job of it, his technique ofconstructing a dictionary of contemporary uses of language, is not thatdifferent from what a lot of more rhetorical/linguistically orientedhistorians did after the linguistic turn of the late 1970s and 1980s.And a post by Mike Rappaport (Center for the Study of Constitutional Originalism, University of San Diego School of Law), entitled "Crosskey, Modern Originalism, and the Meese Justice Department." [read post]
14 Mar 2015, 3:16 pm
Many thanks to Mike Rappaport for originally introducing me to the series. [read post]
31 Mar 2012, 9:25 am by Walter Olson
More: Mike Rappaport (noting that the right too has been influenced by legal academia’s “preference for broad overarching theories,” as on originalism), Peter Suderman. [read post]
4 Dec 2014, 5:34 am
” I’m writing a response (as are Steve Sachs and Mike Rappaport) and our responses should be published soon. [read post]
12 Dec 2018, 2:59 am by Walter Olson
We Need a Bundesverwaltungsgericht” [Michael Greve, responses from Mike Rappaport, Philip Wallach, and Ilan Wurman, and rejoinder from Greve] New York’s family court system is failing children and their families [Naomi Riley/City Journal, thanks for quote] “The Emmys People Are Opposing A Pet Products Company Named After A Dog Named ‘Emmy'” [Tim Geigner, TechDirt] Metaphor alert: “Lawmaker Injured by Flying Constitution” [Kevin… [read post]
3 Oct 2016, 3:17 am by Walter Olson
Randy Barnett and Josh Blackman: yes, the confirmation process had gone wrong, but not necessarily in the way we’re told [National Affairs] A case against judicial restraint [Ilya Shapiro, same, related Cato] “Business and the Roberts Court without Scalia” [Jonathan Adler, related on supposed “pro-business” Court] SCOTUS should (again) step in to reject Obama end-run around advice/consent on appointment power [Ilya Shapiro and Thomas Berry, Cato] The… [read post]
30 Jul 2012, 11:12 am by uwlegalscholarship
Submissions should be sent to Mike Rappaport (; they may be sent now, if possible, but in any event by the end of August. [read post]
23 Jan 2012, 3:51 am by Walter Olson
[VICE] “A SOPA Analogy” [David Henderson] DEA agent who mistakenly shot self loses appeal [BLT, earlier] “And people say libertarians lack empathy”: AP adopts pre-emptively disapproving tone toward advances in pain control [Coyote; related, Alkon on Primatene Mist] Cordray, NLRB recess picks allow President to reward key Democratic interest groups [Copland, Examiner] Litigation Lobby gunning for ban on consumer finance arbitration as Cordray priority [CL&P] Mike… [read post]