Browsing by Subject "Constitutional law -- United States -- Philosophy"

Now showing items 1-5 of 5

    • The Divergence of Constitutional and Statutory Interpretation 
      Stack, Kevin M. (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 ...
    • Family at the Birth of American Constitutional Order 
      Brandon, Mark E. (Texas Law Review, 1999)
      In recent years, a number of observers of American politics, law, and society have decried what seem to be fundamental shifts in the structure and function of the family. According to some, these shifts, perhaps reinforced ...
    • Originalism and Summary Judgment 
      Fitzpatrick, Brian T. (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 ...
    • An Originalism for Foreign Affairs 
      Wuerth, Ingrid Brunk (Saint Louis University Law Journal, 2008)
      Legal scholarship on foreign affairs frequently focuses on the Constitution's text and original meaning, but generally does not fully engage debates about originalism as a method of modern constitutional interpretation. ...
    • An Originalist Understanding of Minimalism 
      Sherry, Suzanna (Northwestern University Law Review, 1993)
      The main burden of Professor Perry's paper is to demonstrate that an originalist may, but need not, be a minimalist. In the course of this project, Perry reiterates his earlier arguments in favor of originalism. He also ...