Memory Games: Dobbs's Originalism as Anti-Democratic Living Constitutionalism-and Some Pathways for Resistance

RB Siegel - Tex. L. Rev., 2022 - HeinOnline
The Supreme Court has reversed many cases. But never has the Court reversed a right that
the Court itself had justified as important to a group's equal participation" in the economic …

Judicial Populism

A Bernstein, G Staszewski - Minn. L. Rev., 2021 - HeinOnline
The rise of populism is one of the most significant developments in contemporary politics. 1
This phenomenon can be difficult to tProfessor of Law, SUNY at Buffalo School of Law, and …

State Regulation of Online Behavior: The Dormant Commerce Clause and Geolocation

J Goldsmith, E Volokh - Tex. L. Rev., 2022 - HeinOnline
Many state laws apply to internet communications. Indeed, we take many such laws for
granted. If you publish an online magazine or a blog that comments on people from all fifty …

Nondelegation on Steroids

L Heinzerling - NYU Envt. LJ, 2021 - HeinOnline
Even the most ardent defender of the idea that the Constitution forbids Congress to delegate
legislative power to any other person or institution must admit that this principle has a puzzle …

Selective Originalism and Judicial Role Morality

RH Fallon Jr - Tex. L. Rev., 2023 - HeinOnline
The Justices of the Supreme Court increasingly claim to be originalists. Yet close
examination reveals that the Court's actual reliance on originalist analysis is highly selective …

Legal corpus linguistics and the half-empirical attitude

A Bernstein - Cornell L. Rev., 2020 - HeinOnline
Legal writers have recently turned to corpus linguistics to interpret legal texts. Corpus
linguistics, a social-science methodology, provides a sophisticated way to analyze large …

Diverse Originalism

C Mulligan - U. Pa. J. Const. L., 2018 - HeinOnline
Orginalism has a dlfficult relationship with race and gender. People of color and white
women were largely absent from the process of drafting and rati ing the Constitution. Today …

We (Who Are Not) the People: Interpreting the Undemocratic Constitution

J Milligan, BL Ross - Tex. L. Rev., 2023 - HeinOnline
the Undemocratic Constitution Page 1 We (Who Are Not) the People: Interpreting the
Undemocratic Constitution Joy Milligan* Bertrall L. Ross II** How should we interpret a …

The Unconstitutional Police

B Hasbrouck - Harv. CR-CLL Rev., 2021 - HeinOnline
In March 2001, Coweta County, Georgia Deputy Timothy Scott ended a high-speed chase
by ramming Victor Harris's car from behind, causing it to crash and rendering Harris …

Gender, Voting Rights, and the Nineteenth Amendment

PA Monopoli - Geo. JL & Pub. Pol'y, 2022 - HeinOnline
One hundred years after the woman suffrage amendment became part of the United States
Constitution, a federal court has held-for the first time-that a plaintiff must establish …