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Originalism and Summary Judgment
(Ohio State Law Journal, 2010)
Over the last several years, the Supreme Court has revolutionized modern criminal procedure by invoking the Sixth Amendment right to a jury trial to strike down several sentencing innovations. This revolution has been led ...
The Divergence of Constitutional and Statutory Interpretation
(Colorado Law Review, 2004)
There is a peculiar point of agreement between prominent defenders of originalist and dynamic interpretive methods, that their preferred interpretive approach applies not just to statutes or to the Constitution, but to ...