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Convictions: Slate's blog on legal issues
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Jack, thanks very much for your response to my post on selling liberal constitutionalism . Your post tends to confirm my sense that there are two basic ways to sell liberal constitutionalism: First , try to out-populist the populists, and second , focus Read More...
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Yes , says Jack, but how can one compare the honesty of a person and a theory? It's like saying that the theory of evolution is more honest than William Paley. Jack might mean that Scalia doesn't apply his theory of originalism honestly, or he might mean Read More...
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Before I respond to Orin's thoughtful post, let me back up to Dahlia's diagnosis for a second - a diagnosis that I think amounts to saying that conservatives have been broadly more successful than progressives in persuading folks that originalism is the Read More...
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Deb and Dahlia , I think Scalia's argument resonates because it is rooted in populism. My sense is that this leaves liberal constitutionalists with two basic ways to sell the competing product. First, try to out-populist the populists. And second, focus Read More...
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Deborah . You are reading me exactly right. ACS has done tremendous work on this front, and I am not slagging legal academics here at all. But between John Roberts' whole "umpire" thing and Scalia's little red bat-phone to the Framers, it seems to me Read More...
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In case you living constitutionalists missed it, Dahlia just threw down the gauntlet at the end of her latest account of the many charms of Justice Scalia on his book tour. The problem, for those of us admittedly charmed but decidedly not persuaded by Read More...
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Justice Scalia continued his media tour this weekend with an appearance on Q&A , C-SPAN's weekly interview series. It is one of the more insightful and interesting Scalia interviews that I've seen, which isn't all that surprising given that Brian Read More...
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Like a fair number of other people , I'm completely captivated by Bryan Garner's videotaped interviews with Supreme Court justices on effective brief-writing. There's no shortage of insights to be gleaned from these discussions -- particularly from the Read More...
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In the New York Times this week, Adam Liptak takes a long overdue and somewhat tepid look at the fuzzy math Justice Scalia used in his concurrence in Kansas v. Marsh when he concluded that "The rate at which innocent people are convicted of felonies is Read More...
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