Living Originalism

Author: Jack M. Balkin
Publisher: Harvard University Press
ISBN: 0674063031
Size: 66.15 MB
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Originalism and living constitutionalism, often seen as opposing views, are not in conflict. So argues Jack Balkin, a leading constitutional scholar, in this long-awaited book.

A Debt Against The Living

Author: Ilan Wurman
Publisher: Cambridge University Press
ISBN: 1108330029
Size: 42.58 MB
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In this illuminating book, Ilan Wurman introduces Madison's concept of originalism to a new generation and shows how it has shaped the US Supreme Court in ways that are expected to continue following the death of Justice Antonin Scalia, one ...

The Second Amendment

Author: Michael Waldman
Publisher: Simon and Schuster
ISBN: 1476747466
Size: 16.25 MB
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One gets a whiff of the sense that they think originalism is a clever piece of
political jujitsu rather than the way a strong nation should govern itself. A frank
acknowledgment of the power of the living Constitution has its appeal. After all,
the country made itself stronger, more egalitarian, more effective in the world
precisely during the mid-twentieth-century period when jurists were most willing
to seek meaning in the spirit but not the letter of the Constitution. A living
Constitution does not ...

The American Constitution And The Debate Over Originalism

Author: Dennis J. Goldford
Publisher: Cambridge University Press
ISBN: 9780521607797
Size: 24.45 MB
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This is a work of constitutional theory that explores the nature of American constitutional interpretation through a reconsideration of the long-standing debate between the interpretive theories of originalism and nonoriginalism.

The Challenge Of Originalism

Author: Grant Huscroft
Publisher: Cambridge University Press
ISBN: 1139505130
Size: 57.96 MB
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The essays in this volume, which includes contributions from the flag bearers of several competing schools of constitutional interpretation, provides an introduction to the development of originalist thought, showcases the great range of ...

Constitutional Originalism

Author: Robert W. Bennett
Publisher: Cornell University Press
ISBN: 0801461111
Size: 69.64 MB
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The book explores those contrasting positions, to be sure, but also uncovers important points of agreement for the interpretational enterprise.

Human Dignity

Author: Aharon Barak
Publisher: Cambridge University Press
ISBN: 1316240983
Size: 10.75 MB
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Originalism: A Quarter Century of Debate (Washington DC: Regnery Publishing,
2007); Jack Balkin, Living Originalism (Cambridge, MA: Harvard University Press,
2011); Grant Huscroft and Bradley Miller, The Challenge of Originalism: Theories
of Constitutional Interpretation (Cambridge University Press, 2011); Antonin
Scalia and Bryan A. Garner, Reading Law: The Interpretation of Legal Texts (St.
Paul: West Publishing, 2012). 5 value, according this approach, if that was
society's ...

Michigan Law Review

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This Review concludes by identifying a common theme connecting the concerns
expressed here about Living Originalism. That common theme is the difference
between constitutional theory in an ideal world and constitutional theory in the
fallen world we inhabit. In this fallen world, our adversaries may not fight fair, we
may feel disconnected from the past, and our words may have effects in the world
that we do not intend but that we ignore at our peril. I. LIVING ORIGINALISM As a

The Cosmopolitan Constitution

Author: Alexander Somek
Publisher: OUP Oxford
ISBN: 0191030929
Size: 55.75 MB
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For a brilliant refutation of originalism, see Dworkin, note 222 at 43–55. 225 For a
very elementary exposition, see David A. Strauss, The Living Constitution (Oxford
: Oxford University Press, 2010) 12–32. 226 For a similar observation, see
Snowiss, note 98 at 206. 227 Dworkin, note 222 at 36–38. 228 David Robertson,
The Judge as a Political Theorist: Contemporary Judicial Review (Princeton:
Princeton University Press, 2010) 9, 27, 359. Robertson, however, incorrectly
restricts ...