Originalism

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Originalism

1.

A Century Lost: The End of the Originalism Debate, in Constitutional Commentary
by Eric J. Segall. 68 pgs.

Journal Article
2.

The Constitution's Forgotten Cover Letter: An Essay on the New Federalism and the Original Understanding, in Michigan Law Review
by Daniel A. Farber. 36 pgs.

Journal Article
3.

History as Precedent: The Post-Originalist Problem in Constitutional Law, in Yale Law Journal
by Emil A. Kleinhaus. 41 pgs.

Journal Article
4.

The Confounding Common Law Originalism in Recent Supreme Court Statutory Interpretation: Implications for the Legislative History Debate and Beyond, in Stanford Law Review
by Jane S. Schacter. 72 pgs.

Journal Article
5.

Contemporary Perspectives on Constitutional Interpretation (Chap. 2 "Originalism")
by Susan J. Brison, Walter Sinnott-Armstrong. 268 pgs.

Book

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Title Page

Contents

Acknowledgments

Credits

A Philosophical Introduction to Constitutional Interpretation

Notes

The Occasions of Constitutional Interpretation

2: Originalism

The Original Understanding

Notes

3: Common Law Method

A Common Lawyer Looks at Constitutional Interpretation

Conclusion

Notes

4: Pragmatism

Interpretation Revisited

Notes

5: Law as Integrity

Integrity and Interpretation

6: Critical Race Theory

The Obliging Shell: an Informal Essay on Formal Equal Opportunity

Notes

7: Feminist Legal Theory

Justice Engendered

8: Deconstruction

Tradition, Betrayal, and the Politics of Deconstruction

Notes

9: Critical Legal Studies

Constitutional Interpretation, Character, and Experience

10: Scepticism

Introduction: Constitutional Meaning and Value

Constitutional Scepticism

Notes

Notes

Suggestions for Further Reading

About the Book and Editors

About the Contributors

Cases Cited
6.

Words That Bind: Judicial Review and the Grounds of Modern Constitutional Theory (Chap. 1 "Enforcing the Social Contract: Original Intent")
by John Arthur. 236 pgs.

Book

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Title Page

Contents

Preface

Introduction

1: Enforcing the Social Contract: Original Intent

2: Perfecting the Democratic Process

3: Critical Legal Studies and the Denial of Law

4: Promoting the General Welfare: Utilitarianism, Law, and Economics

5: Democratic Contractualism and the Search for Equality

Notes

About the Book and Author

Table of Cases

Index
7.

Pragmatism in Law and Society (Chap. 18 "Is Legal Originalism Compatible with Philosophical Pragmatism?")
by Michael Brint, William Weaver. 404 pgs.

Book

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Title Page

Contents

Acknowledgments

Introduction

Part One What Difference Does Pragmatism Make to Law and Society?

1: What Good is Legal Pragmatism?

Notes

2: What Has Pragmatism to Offer Law?

3: Almost Pragmatism: The Jurisprudence of Richard Posner, Richard Rorty, and Ronald Dworkin

4: Comment on Paper by Stanley Fish

5: The Banality of Pragmatism and the Poetry of Justice

6: "Just Do It": Pragmatism and Progressive Social Change

7: The Limits of Neopragmatism

8: The Pragmatist and the Feminist

Rorty, Radicalism, Romanticism: The Politics of the Gaze

10: Civic Identity and the State: From Hegel to Jane Addams . . . and Beyond

11: Punishment and Legitimacy

12: A Reconsideration of Deweyan Democracy

Part Two Pragmatism, Judicial Decisionmaking, and Constitutional Interpretation

13: In Context

Notes

14: Situated Decisionmaking

15: A Multiple Choice Test: How Many Times Has the U.S. Constitution Been Amended? (a) 14; (b) 26; (c) 420 ± 100; (du+00 29 All of the Above

16: The Price of Metaphysics: Deadlock in Constitutional Theory

17: Practice, Purpose, and Interpretive Controversy

Notes

18: Is Legal Originalism Compatible with Philosophical Pragmatism?

19: Pragmatism, Right Answers, and True Banality

Selected Bibliography

About the Book and Editors

About the Contributors

Index
8.

Our Constitution: The Myth That Binds Us (Chap. 28 "The Myth of Original Intent")
by Eric Black. 176 pgs.

Book

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Title Page

Acknowledgments

Contents

Introduction

Part One: The Founding

1: Shays' Rebellion Or Why the Framers Framed

2: A Neglected Source of the Union

3: A Little Guy Named Madison

4: What Was the Framers' Vision?

5: The Man on the $10 Bill

6: The Roads Not Taken

7: Ratification by Hook And by Crook

8: Slavery Versus The Blessings of Liberty

9: Democracy and the Framers

10: Matriculating At The Electoral College

11: 1787 in Context

12: Marbury, Madison and Marshall

Part Two: The Bill of Rights

13: The Framers Against The Bill of Rights

14: Politics and the Birth Of the Bill of Rights

15: The Bill of Rights' Century of Slumber

16: The Second Constitution

17: What Does a Guy Have to Do To Get Impeached Around Here?

18: The Rights Come to Life

Part Three: Left Out Of The Constitution

19: Indians: a Trail of Tears

20: Blacks: from Plessy to Brown

21: Women: Almost Equal Rights

22: Japanese-Americans: Justice for All?

Part Four: The Constitution In Our Times

23: Contragate and the Constitution

24: At War Against the Constitution

25: The Drive for a New Convention

26: The Constitution Under Strain

27: The Right to Be Left Alone

28: The Myth of Original Intent

Conclusion

Bibliography
9.

If Racial Desegration, Then Same-Sex Marriage? Originalism and the Supreme Court's Fourteenth Amendment, in Harvard Journal of Law & Public Policy
by Kenyon Bunch. 73 pgs.

Journal Article
10.

Forms of Originalism and the Study of History, in Harvard Journal of Law & Public Policy
by John Harrison. 12 pgs.

Journal Article
11.

Dworkin as an Originalist, in Constitutional Commentary
by Jeffrey Goldsworthy. 30 pgs.

Journal Article

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