Recently added articles from Constitutional Commentary:
Originalism's misplaced fidelity: "original" meaning is not objective.
Sep 22, 2009; ... I. INTRODUCTION Although Originalism has been systematically critiqued and repudiated by a number of scholars in law and philosophy, it has proven an impressively resilient doctrine. It is not hard to understand why. Its basic thesis--that the meaning of the Constitution should ...
When and how U.S. courts should cite foreign law.
Sep 22, 2009; ... At a recent Ohio State University symposium honoring her fifteen years on the U.S. Supreme Court Justice, Ruth Bader Ginsburg responded to questions submitted by law students. (1) One question asked her about the controversy surrounding courts' citation of foreign law. Justice Ginsburg ...
The Story of the Federalist: How Hamilton and Madison Reconceived America.(Book review)
Sep 22, 2009; ... THE STORY OF THE FEDERALIST: HOW HAMILTON AND MADISON RECONCEIVED AMERICA. By Dan T. Coenen. (1) Twelve Tables Press. 2007. Pp. xi + 406. $28.95 paper. The eighty-five essays written by Alexander Hamilton and James Madison (with an assist from John Jay)--known collectively as ...
Judicial character (and does it matter).
Sep 22, 2009; ... CONSTITUTIONAL CONSCIENCE: THE MORAL DIMENSION OF JUDICIAL DECISION. H. Jefferson Powell. (1) University of Chicago Press. 2008. Pp. x + 149. $22.50 (cloth). HOW JUDGES THINK. Richard A. Posner. (2) Harvard University Press. 2008. Pp. 387. $29.95. JUDGMENT CALLS: ...
Law and Judicial Duty.(Book review)
Sep 22, 2009; ... LAW AND JUDICIAL DUTY. By Philip Hamburger. (1) Harvard University Press, 2008. Pp. xviii + 658. $49.95. What we call "judicial review" was not established in Marbury v. Madison, or by American courts. It had existed in English and then American law for centuries, not as some ...