Add to ORKGThis brief Essay considers and gently rejects Professor Rick Kay’s faith in originalism as a constraint on judges. It expresses admiration for Kay’s remarkably broad comparative law scholarship and celebrates his pathbreaking work about the early history of the use and abuse of equal protection by American judges. The Essay applauds ways that Kay has become more comfortable within the paradox of judicial creativity, anchored in constitutional text, yet not rigidly bound by it. It also discusses the author’s abiding friendship with Professor Kay, despite their considerable interpretive differences
Lawrence Joseph, the poet, has been the subject of a symposium published by the University of Cincin...
Scholarship in philosophy proceeds at a slower pace than in the law. As Tom Lehrer, the poet laureat...
The author provides a review of Laurence H. Tribe & Michael C. Dorf, On Reading the Constitution, Ha...
This brief Essay considers and gently rejects Professor Rick Kay’s faith in originalism as a constra...
In this Article, the author considers Richard Kay’s views on constitutional interpretation, the rule...
Judicial self-restraint, once a rallying cry for judges and law professors, has fallen on evil days....
Professor Roderick M. Hills, Jr. enjoys a well-deserved reputation for brilliance and generosity, an...
In 1977, Justice Brennan delivered his now famous plea for a renaissance in state constitutionalism....
Increasingly preoccupied with the imaginative dimension of modern constitutionalism, contemporary th...
Constitutional Law is “tough law.” It is tough to master – tough to teach and tough to learn. Ther...
American constitutional theory faces a dilemma. The United States Supreme Court has decided a large ...
Many constitutional scholars are obsessed with judicial review and the many questions surrounding it...
This Essay provides an originalist appraisal of Professor James Bradley Thayer’s famous book on The ...
The challenge in teaching Constitutional Law is to teach the doctrine while puncturing the myths. It...
In a famous 1977 article, Justice William Brennan called on state courts to interpret the individual...
Lawrence Joseph, the poet, has been the subject of a symposium published by the University of Cincin...
Scholarship in philosophy proceeds at a slower pace than in the law. As Tom Lehrer, the poet laureat...
The author provides a review of Laurence H. Tribe & Michael C. Dorf, On Reading the Constitution, Ha...
This brief Essay considers and gently rejects Professor Rick Kay’s faith in originalism as a constra...
In this Article, the author considers Richard Kay’s views on constitutional interpretation, the rule...
Judicial self-restraint, once a rallying cry for judges and law professors, has fallen on evil days....
Professor Roderick M. Hills, Jr. enjoys a well-deserved reputation for brilliance and generosity, an...
In 1977, Justice Brennan delivered his now famous plea for a renaissance in state constitutionalism....
Increasingly preoccupied with the imaginative dimension of modern constitutionalism, contemporary th...
Constitutional Law is “tough law.” It is tough to master – tough to teach and tough to learn. Ther...
American constitutional theory faces a dilemma. The United States Supreme Court has decided a large ...
Many constitutional scholars are obsessed with judicial review and the many questions surrounding it...
This Essay provides an originalist appraisal of Professor James Bradley Thayer’s famous book on The ...
The challenge in teaching Constitutional Law is to teach the doctrine while puncturing the myths. It...
In a famous 1977 article, Justice William Brennan called on state courts to interpret the individual...
Lawrence Joseph, the poet, has been the subject of a symposium published by the University of Cincin...
Scholarship in philosophy proceeds at a slower pace than in the law. As Tom Lehrer, the poet laureat...
The author provides a review of Laurence H. Tribe & Michael C. Dorf, On Reading the Constitution, Ha...