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23 Sep 2014, 6:56 pm
Originalists are thinking about it much more than they were two years ago: see, for example, these five posts from Mike Rappaport.) [read post]
28 Aug 2014, 8:10 am
Mike Ramsey argues that both Scalia’s opinion in Heller and the 1931 Supreme Court opinion in United States v. [read post]
10 Aug 2014, 12:28 pm
As Mike Rappaport puts it with regards to the Iraq War, “[t]hat one of the two parties cannot be trusted to participate in long term policies for which they will inevitably have some responsibility suggests that those policies should not be undertaken. [read post]
9 Aug 2014, 11:53 am
Assuming, that is, they are as reflective and self-critical as libertarians like Mike Rappaport. [read post]
29 Jun 2014, 5:47 pm by Tom Smith
First, congratulations to co-blogger Mike Rappaport for having two of his articles cited multiple times in yesterday's recess appointments decision, NLRB v. [read post]
23 Feb 2014, 3:10 pm
I am now beginning to read John McGinnis and Mike Rappaport’s book Originalism and the Good Constitution for my Georgetown seminar, “Recent Books on the Constitution. [read post]
14 Feb 2014, 9:44 am
Same-sex marriage might be a better area for Eric, but Mike Rappaport and Mike Ramsey — who are core originalists if anybody is — both think it is quite plausible that the original meaning of the Fourteenth Amendment protects a right to gay marriage. [read post]
12 Feb 2014, 9:00 am
(Here are two posts (1, 2) by Mike Rappaport discussing the problem.) [read post]
13 Jan 2014, 9:05 am by Glenn Reynolds
MIKE RAPPAPORT: Why Nonoriginalism Does Not Justify Departing from the Original Meaning of the Recess Appointments Clause. [read post]
22 Dec 2013, 7:00 am by Will Baude
Mike Rappaport has a pair of posts exploring this question: here’s the first, here’s the second. [read post]
16 Dec 2013, 8:15 pm by Walter Olson
Mike Rappaport withholds his applause about that [Law and Liberty] Tweet Tags: FDA, vaccinesFDA stands guard against approval of Meningitis B vaccine is a post from Overlawyered - Chronicling the high cost of our legal system [read post]
8 Dec 2013, 8:05 pm by Walter Olson
[Fair Warning] Thesis of new Jerry Mashaw book: administrative state in U.S. long predated Progressive Era [Law and Liberty: Joseph Postell, Mike Rappaport] Relatedly, hallmark of administrative state said to be “prerogative,” i.e., power to make binding rules without new legislation [Michael Greve] Lorax standing humor: even the Ninth Circuit might not have been able to help [Howard Wasserman, Prawfs] “Formalism and Deference in Administrative Law”… [read post]
2 Dec 2013, 9:36 am by Will Baude
Others are made in a forthcoming article (not online yet) by Mike Rappaport. [read post]
26 Nov 2013, 5:07 pm by Will Baude
(While it figures in Mike Rappaport’s pathbreaking article on the Clause, for example, it did not make the cut for co-blogger John Elwood’s “Recess Appointments Reading List” last April.) [read post]
21 Nov 2013, 6:09 pm by Will Baude
Similarly, Mike Rappaport and John McGinnis defended “the Senate’s long practice of requiring a supermajority to end debate on legislation,” on the grounds that: If the Senate voted on whether to change the cloture rule, only a simple majority would be needed to change it. [read post]
4 Oct 2013, 6:25 am by Walter Olson
Related: Michael Greve, John Yoo and Mike Rappaport on rethinking administrative law and the era of deference. [read post]
20 Sep 2013, 3:34 pm by Will Baude
(Will Baude) Mike Rappaport has a post at the Liberty Law Blog making a seemingly straightforward but surprisingly underappreciated point: There is good reason to think that the Fourteenth Amendment’s equality requirement was not originally meant to apply to the federal government. [read post]
29 Aug 2013, 2:49 pm by Will Baude
(Will Baude) Mike Rappaport has an interesting post about how to justify originalism. [read post]