Barnett & Solum on Originalism and the Party Presentation Principle
Jan 15, 2025 · Lawrence B. Solum (University of Virginia School of Law) & Randy E. Barnett (Georgetown University Law Center) have posted Originalism and the Party Presentation Principle on SSRN. Here is the abstract: The Supreme Court sometimes adheres to what it calls the “party presentation principle ...
Mancini on Purpose in Statutory Interpretation - Legal Theory Blog
Jul 26, 2024 · Mark Mancini (Thompson Rivers University - Faculty of Law) has posted TWO USES OF PURPOSE IN STATUTORY INTERPRETATION (Statute Law Review (forthcoming)) on SSRN. Here is the abstract: Despite apparent agreement on the approach to the interpretation of statutes in Canada, a system of presumptive parliamentary sovereignty, judges differ on a fundamental point: how purpose is used in interpretation.
Legal Theory Blog: Diamond on Originalism and Lawfinding
Jan 17, 2025 · Alma Diamond (University of Michigan Law School) has posted Hares or Hounds? Originalism's Dilemma: Legal Formalism, or Judicial Neutrality on SSRN. Here is the abstract: The increased influence of originalism on the Supreme Court has brought radical changes to constitutional law in recent years ...
Hickman on Skidmore after Loper Bright - Legal Theory Blog
Sep 4, 2024 · Kristin E. Hickman (University of Minnesota - Twin Cities - School of Law) has posted Anticipating A New Modern Skidmore Standard on SSRN. Here is the abstract: In Loper Bright Enterprises v. Raimondo, the Supreme Court overruled Chevron deference but blessed giving agency interpretations "respect" or "weight" during judicial review under the …
Legal Theory Blog
4 days ago · Mańko on Legal Transplants, Survivals, and Revivals. Rafał Mańko (Central European University, Democracy Institute) has posted Legal Transplants, Legal Survivals and Legal Revivals: Towards a Reconceptualisation of the Circulation of Legal Forms in Time and Space (Acta Universitatis Lodziensis.
Legal Theory Blog
3 days ago · "All the theory that fits." Gabriel "Jack" Chin (University of California, Davis - School of Law) & Paul Finkelman (Gratz College; Albany Law School) have posted Birthright Citizenship, Slave Trade Legislation, and the Origins of Federal Immigration Regulation (UC Davis Law Review, Vol. 54, 2021) on SSRN. Here is the abstract:
Conley on Comparativism, Originalism, and Equity - Legal Theory …
Aug 29, 2024 · Anna Conley (University of Montana - Alexander Blewett III School of Law) has posted The Inevitability of Adaptability - Comparative Contributions to Understanding Originalism on SSRN. Here is the abstract: What can comparative law teach us about originalism as a constitutional interpretation method?
Legal Theory Bookworm: "Marx" by Leiter & Edwards
Sep 14, 2024 · The Legal Theory Bookworm recommends Marx by Brian Leiter & Jaime Edwards. Here is a description: The writings of Karl Marx (1818–1883) have left an indelible mark not only on the understanding of economics and political thought but on the lives of millions of people who lived in regimes that claimed (wrongly) his influence.
Legal Theory Lexicon: Issue-Level and Meta-Level Questions
Introduction There is a fundamental distinction between two kinds of questions that lawyers and judges ask. Let's begin with some examples of what we can call "issue-level questions": What is the standard of care in a negligence action? What is...
Legal Theory Lexicon: Living Constitutionalism
Nov 25, 2018 · Introduction Constitutional discourse in both the academy and the public sphere has recently included quite a bit of talk about "originalism." But what about originalism's great historical rival, "living constitutionalism?" What is living constitutionalism and …