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  • What the Heller? Is Only the Supreme Court's Liberty Enhanced?

      Jack Balkin and Sandy Levinson are right to probe with hypothetical the dimensions of the newly-minted, or perhaps ancient, right of self-defense, or right to own handguns, in one's home, or maybe outside it, or maybe also to own other weaponry, or maybe not, so firmly established in District of Columbia v. Heller (2008) per those ...
    Posted to Convictions (Weblog) by Doug Kmiec on July 8, 2008
  • Originalism Wounded! Justice Scalia Wanted For Questioning

    Yesterday, in Giles v. California, Justice Scalia, true to the originalist method, kept to the text of the Constitution and enforced the Confrontation Clause for the benefit of a criminal defendant complaining that his conviction was wrongful because he did not have the ability to cross-examine the out of court testimony of his girl-friend about ...
    Posted to Convictions (Weblog) by Doug Kmiec on June 26, 2008
  • D.C. v. Heller: Will Originalism Matter, or Will the Court Misfire?

    While deducing from the calendar who is likely to write an opinion from any given sitting is a matter of considerable speculation, there is reason to believe that Justice Scalia may be writing D.C. v. Heller. Should that prove to be true, it is worth recalling Justice Scalia's own definition of originalism, and his particular ''originalist'' ...
    Posted to Convictions (Weblog) by Doug Kmiec on June 22, 2008