Replacing Chevron with a Sounder Interpretive Regime
One of the most important questions within administrative law is whether the Supreme Court will eliminate Chevron deference. But if Chevron deference is eliminated, as I believe it should be, a key...
View ArticleExplaining Originalism
America has produced many noteworthy economists, but few were as influential as Milton Friedman, the Nobel Prize winner long associated with the University of Chicago. Unlike many of his colleagues...
View ArticleThree Cheers (Very Nearly) for Justice Neil M. Gorsuch
When Richard Reinsch asked me to review Justice Neil M. Gorsuch’s recent book, A Republic, If You Can Keep It, I entertained some doubts: I suspected that I might like it, but know full well that I...
View ArticleThe Empire Strikes Back Against Originalism
The nation’s legal culture ultimately determines how the Constitution is interpreted. When originalism had fallen into desuetude, the Warren Court decided cases without substantial, if any,...
View ArticleThe State of Originalism
The Center for the Study of Constitutional Originalism at the University of San Diego has been holding an annual conference on originalism for the last 11 years. Each year at the beginning of the...
View ArticleGorsuch’s Textual Revolution
Justice Neil Gorsuch’s opinion in Bostock v. Clayton County redefines the word “sex” in Title VII of the Civil Rights Act of 1964 to include “sexual orientation” and “gender identity.” Relying on few...
View ArticleErrors of Will and of Judgment
The law can be marred by both results-oriented decisions and honest, intellectual mistakes. Both kinds of distortions were on display at the Supreme Court last week. An example of the first kind of...
View ArticleLegal Conservatism After Bostock
Over the last decade, several political scientists have explored what is often called “the legal conservative movement.” These scholars have almost uniformly taken the view that the movement has been...
View ArticleThe Year in Originalism
The Center for the Study of Constitutional Originalism at the University of San Diego has been holding an annual conference on originalism for the last 12 years. Each year at the beginning of the...
View ArticleHas CRT Found Its Way Into Canada’s Courts?
Any American with even a rudimentary understanding of Canadian politics will know that when it comes to the momentum of Western progressivism, Canada has always been one step ahead of its southern...
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