Tag: originalism

#originalism

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Law Review · 1 min

Constitutions of Ice and Fire

This world is vast, dangerous, and dying. You take your first steps, uncertain of who you are, where you are going, or who is responsible …

pennlawadmin

29 views Mar 7

Law Review · 1 min

Erasing Slavery: The Uses and Misuses of The History of Slavery and Reconstruction in Constitutional …

This Essay takes as its jumping-off point Jack Balkin’s claim that judicial decisions both rely on constitutional memory and produce constitutional memory. It discusses the …

pennlawadmin

27 views Mar 7

Law Review · 1 min

History and Fetishism in the New Separation of Powers Formalism

In the last few years, the Supreme Court has embraced a formalist approach to separation of powers law, allegedly justified by the Constitution’s “original meaning.” …

pennlawadmin

29 views Mar 7

#originalism

Constitutions of Ice and Fire

Erasing Slavery: The Uses and Misuses of The History of Slavery and Reconstruction in Constitutional …

History and Fetishism in the New Separation of Powers Formalism

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