The conservative legal movement has long stood simultaneously for originalism and judicial restraint. But in the past few years, the tension between a commitment to interpreting the Constitution as its authors intended and deferring to the will of legislators and the executive has become painfully clear. Does originalism demand judicial restraint, or is the Constitution undermined by such restraint
This Article analyzes the recent trend of conservative judicial activism in the Supreme Court and se...
If we consider constitutional law as a practice, it is clear that both originalism and precedent pla...
For the first 150 years of the existence of the judicial power, it was liberals who advocated for th...
The conservative legal movement has long stood simultaneously for originalism and judicial restraint...
Conservative constitutionalism is committed to originalism, that is, to interpreting the Constitut...
I was given the title Judicial Conservatives and the Supreme Court. I think that is a rather appro...
When conservatives in the 1980s offered originalism as a constitutional methodology that could limit...
When conservatives in the 1980s offered originalism as a constitutional methodology that could limit...
This article is a revised version of the author\u27s chapter in the forthcoming book, S. Halpern & C...
When conservatives in the 1980s offered originalism as a constitutional methodology that could limit...
This is the time for us to think through whether an entity as august as the Federalist Society shoul...
When conservatives in the 1980s offered originalism as a constitutional methodology that could limit...
Judicial supremacy is the new judicial review. From the time Alexander Bickel introduced the term c...
At the sprightly age of 57 and less than seven years into his term as chief justice, John Roberts lo...
Richard Posner\u27s version of judicial self-restraint implies that individual Justices who embrace ...
This Article analyzes the recent trend of conservative judicial activism in the Supreme Court and se...
If we consider constitutional law as a practice, it is clear that both originalism and precedent pla...
For the first 150 years of the existence of the judicial power, it was liberals who advocated for th...
The conservative legal movement has long stood simultaneously for originalism and judicial restraint...
Conservative constitutionalism is committed to originalism, that is, to interpreting the Constitut...
I was given the title Judicial Conservatives and the Supreme Court. I think that is a rather appro...
When conservatives in the 1980s offered originalism as a constitutional methodology that could limit...
When conservatives in the 1980s offered originalism as a constitutional methodology that could limit...
This article is a revised version of the author\u27s chapter in the forthcoming book, S. Halpern & C...
When conservatives in the 1980s offered originalism as a constitutional methodology that could limit...
This is the time for us to think through whether an entity as august as the Federalist Society shoul...
When conservatives in the 1980s offered originalism as a constitutional methodology that could limit...
Judicial supremacy is the new judicial review. From the time Alexander Bickel introduced the term c...
At the sprightly age of 57 and less than seven years into his term as chief justice, John Roberts lo...
Richard Posner\u27s version of judicial self-restraint implies that individual Justices who embrace ...
This Article analyzes the recent trend of conservative judicial activism in the Supreme Court and se...
If we consider constitutional law as a practice, it is clear that both originalism and precedent pla...
For the first 150 years of the existence of the judicial power, it was liberals who advocated for th...