Friday, December 19, 2014
the more things change . . .
Thursday, December 18, 2014
New Developments in Originalist Theory
Over at the Liberty Law Blog, there is a very interesting symposium responding to Steve Smith's essay on Meanings or Decisions? -- Getting Originalism Back on Track. Steve is concerned that the turn to original meaning originalism was mistaken, in part because it made possible my fusion of living constitutionalism and originalism in Living Originalism. If people like me can join the original meaning club, he suggests, maybe it isn't worth being a member anymore. He wants to start over with a new term, like "original decisions originalism."
Hobby Lobby and the question for religious freedom
Winnifred Fallers Sullivan is arguably the premier scholar of law and
religion in the United States. She brings to the field of law an
unparalleled degree of sophistication and historical and anthropological
knowledge. When she says that all religious freedom laws are rotten at the core, that claim has to be taken seriously.
Wednesday, December 10, 2014
The Senate Torture Report: Accounting without Accountability
In her speech on the Senate floor marking the Senate Select Committee on Intelligence’s release of its long-awaited report on the CIA’s Torture Program, Senator Dianne Feinstein (D-CA) declared that the report would “show the world that we are in fact a just and lawful society” and a society "governed by law." The Senate report does much, and much that is good, but what it does not do is vindicate either justice or law.
Saturday, December 06, 2014
"Opinions on the Shape of the World Differ" Legal Reporting
Call for Papers: Sesquicentennial Conference -- The Thirteenth Amendment through the Lens of Class and Labor
Wednesday, December 03, 2014
The Bill of Rights Reconsidered
Gerard N. Magliocca
Wednesday, November 26, 2014
Symposium on Administrative Reform of Immigration Law-- Collected Posts
Here are the collected posts for the symposium:
Concluding Thoughts: Line Drawing, the Separation of Powers, and the Responsibilities of the Political Branches
Adam B. Cox
& Cristina M. Rodriguez
Tuesday, November 25, 2014
Even if it’s lawful . . . should we be concerned that it might set a dangerous precedent?
[For the Symposium on Administrative Reform of Immigration Law]
Why Can't Deferred Action Be Given to Parents of the Dreamers?
The President’s Relief Program as a Response to Insurrection
Two Cheers for OLC’s Opinion
The Realities of Administrative Discretion
Christopher H. Schroeder
Concerns about a Troubling Presidential Precedent and OLC’s Review of Its Validity
David A. Martin
Monday, November 24, 2014
Refocusing the Debate on Policy, Not Legal Authority
Must Enforcement Discretion be Exercised Case-by-Case?
Playing Politics with the Office of Legal Counsel
For the Symposium on Administrative Reform of Immigration Law
Like the Emancipation Proclamation, Obama's order forces democracy
Sunday, November 23, 2014
Prosecutorial Discretion Through the Looking Glass
David Alan Sklansky