Add to ORKGThis Article examines the use of history in legal interpretation through an empirical analysis of one of the most prominent examples of historical evidence in law: citations to The Federalist in Supreme Court Justices\u27 published opinions. In particular, the Article examines a phenomenon that has occurred frequently over the last two decades, but has thus far been virtually ignored: the citation by different Justices to the same historical source (such as The Federalist) to support divergent or opposing historical interpretations of legal meaning. Although the use of historical evidence in constitutional interpretation is itself much debated, The Federalist continues to be cited as binding or persuasive authority by scholars and judges
The author analyzed all the U.S. Supreme Court cases and all the Tenth Circuit Court of Appeals case...
A key doctrinal debate in statutory interpretation today revolves around the claim that courts shoul...
This Article works at the border of constitutional history and constitutional law. It embarks on a ...
This Article examines the use of history in legal interpretation through an empirical analysis of on...
In interpreting the Constitution the Supreme Court has increasingly referred to The Federalist paper...
In the period leading to the Civil War, debate over federalism and states’ rights developed into the...
Although a debate continues to rage in the academy and on the Court about the propriety of originali...
In undertaking historical inquiry in the field of federal courts, one must be careful about assignin...
Over the past twenty years, constitutional law has taken a decidedly historical turn, both in academ...
Throughout U.S. history, the Judicial Branch has issued controversial rulings that have had large im...
Part I presents the thesis that the Supreme Court frequently undertakes a multiplicity of history-ba...
Much of the social science literature on judicial behavior has focused on the impact of ideology on ...
Courts, lawyers, and scholars have long assumed that The Federalist Papers supply important informat...
Courts, lawyers, and scholars have long assumed that The Federalist Papers supply important informat...
In Everson v. Board of Education (1947), Justice Wiley Rutledge observed that \u27[n]o provision of ...
The author analyzed all the U.S. Supreme Court cases and all the Tenth Circuit Court of Appeals case...
A key doctrinal debate in statutory interpretation today revolves around the claim that courts shoul...
This Article works at the border of constitutional history and constitutional law. It embarks on a ...
This Article examines the use of history in legal interpretation through an empirical analysis of on...
In interpreting the Constitution the Supreme Court has increasingly referred to The Federalist paper...
In the period leading to the Civil War, debate over federalism and states’ rights developed into the...
Although a debate continues to rage in the academy and on the Court about the propriety of originali...
In undertaking historical inquiry in the field of federal courts, one must be careful about assignin...
Over the past twenty years, constitutional law has taken a decidedly historical turn, both in academ...
Throughout U.S. history, the Judicial Branch has issued controversial rulings that have had large im...
Part I presents the thesis that the Supreme Court frequently undertakes a multiplicity of history-ba...
Much of the social science literature on judicial behavior has focused on the impact of ideology on ...
Courts, lawyers, and scholars have long assumed that The Federalist Papers supply important informat...
Courts, lawyers, and scholars have long assumed that The Federalist Papers supply important informat...
In Everson v. Board of Education (1947), Justice Wiley Rutledge observed that \u27[n]o provision of ...
The author analyzed all the U.S. Supreme Court cases and all the Tenth Circuit Court of Appeals case...
A key doctrinal debate in statutory interpretation today revolves around the claim that courts shoul...
This Article works at the border of constitutional history and constitutional law. It embarks on a ...