Originalism
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Courts
Calling Out The Wild Hypocrisy Of Originalists
Overturning laws because you don't like them is *not* originalism. - Sponsored
Are Small Firms Going Big On Legal Tech?
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Courts
Hey Originalists, The First Rule Of Originalism Is... You Do Not Try To Explain Originalism!
A dizzyingly circular display.
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Courts
If The Framers' Text Is The Ultimate Authority, The Supreme Court Must Strip Itself Of Power
Supreme Court justices make the decisions that they want to make because they want to make them. -
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Courts
Supreme Court Takes Aim At Scalia 'Originalism' Opinion Promising Even 'Originaler' One Now That Republicans Want A Different Result
Why don't liberals have a cool name for their judicial philosophy? -
Constitutional Law
An Originalist Case For Presumptive First Amendment Protection Of Pornography
A free speech guarantee applied with an originalist lens requires robust, evidence-based procedures that modern porn prohibitionists cannot satisfy. - Sponsored
How AI Is The Catalyst For Reshaping Every Aspect Of Legal Work
Findings from the "Future of Professionals Report," based on a survey of 1,200 professionals from North and South America and the UK. -
Courts
Originalism Currently Lacks Intellectual Integrity
At its moment of triumph, the judicial philosophy of Constitutional originalism has already become what it claims to oppose. -
Constitutional Law
Modern Religious Liberty Doctrine Is Grossly Unbalanced
Serious fault lies with originalists, who distort Founding anti-establishment liberty as discrimination against religion. -
Books, Constitutional Law
A Debt Against The Living: An Interview With Biglaw Associate And Author Ilan Wurman
Originalism: do you really understand what it's all about? -
Constitutional Law, Free Speech, SCOTUS, Supreme Court
Justice Scalia, Originalism, Free Speech And The First Amendment
Justice Scalia was a great protector of First Amendment freedoms. -
Antonin Scalia, SCOTUS
In Death, Scalia Will Become More Powerful Than Ever
Scalia is dead, but his idea lives on and will get more powerful.
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Are Small Firms Going Big On Legal Tech?
Please help us benchmark your firm against your peers through this (always) brief and anonymous survey and enter for a chance to win a $250…
Sponsored
Profit Powerhouse: Elevating Law Firm Financial Performance
In this CLE-eligible webinar on April 10th, we’ll explore the most common accounting pitfalls and how to avoid them for your firm.
Sponsored
Document Automation For Law Firms: The Definitive Guide
Legal document automation is no longer only for the exclusive few.
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Early Adopters Of Legal AI Gaining Competitive Edge In Marketplace
How to best leverage generative AI as an early adopter with ethical use.
Sponsored
How AI Is The Catalyst For Reshaping Every Aspect Of Legal Work
Findings from the "Future of Professionals Report," based on a survey of 1,200 professionals from North and South America and the UK.
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Antonin Scalia, SCOTUS, Supreme Court, Theater
ATL Theater Review: The Originalist
If you're interested in theater, the Supreme Court, or both, check out this new play about Justice Antonin Scalia. -
Antonin Scalia, Clarence Thomas, Jeffrey Toobin, Quote of the Day, SCOTUS, Supreme Court, Videos
Scalia Calls Thomas 'A Nut'
Justice Scalia is asked to evaluate the jurisprudence of his partner in crime. His answer will amaze. -
Abortion, Constitutional Law, Religion, Ridiculousness
Chief Justice Says 1st Amendment Applies Only To Christians And Other Stupid Stuff
Alabama's Chief Justice Roy Moore takes the stage to say a lot about how the law works in his own mind. -
Books, Federal Judges, SCOTUS, Supreme Court, Theater
Which Supreme Court Justice Is The Star Of A New Play?
Which Supreme Court justice will be the subject of a forthcoming play? -
Affirmative Action, Antonin Scalia, Election Law, Fashion, Non-Sequiturs, Richard Posner
Non-Sequiturs: 10.16.13
* Belgium has captured a real-life pirate king! But pirate kings just aren’t what they used to be. Something tells me Blackbeard wouldn’t have gone down because somebody said, “Hey, come back to England so we can make a movie about you.” [The Volokh Conspiracy] * After a roller coaster malfunction killed a passenger, Six Flags responds by pointing the finger at someone else. They didn’t design or build the ride… they just bought it, promoted it, operated it, and profited off it, but they did not design or build it. [Houston Chronicle] * At oral argument, Justice Scalia ripped a lawyer for thinking the Fourteenth Amendment was designed to protect minority rights against a white majority. As Scalia notes, “that was the argument in the early years…. But I thought we rejected that.” Leave it to Justice Scalia to point out that no one makes decisions based on the publicly known original intent of the drafters of constitutional provisions from 150 years ago. That would just be silly. Now, if we’re talking 200 years ago… [Josh Blackman's Blog] * A Texas judge is reprimanded for trying to pull strings for a friend. Unfortunately, it seems like he’s also really bad at pulling strings. [Legal Juice] * Mitchell Silberberg & Knupp has started a fashion industry law blog. Ooh Law Law. Oh, I see what you did there. [Ooh Law Law] * Judge Posner, who authored the decision that framed the entire voter ID debate by casting doubt that the laws could be used to disenfranchise voters, tells HuffPo Live’s Mike Sacks that he was completely wrong. Judge Posner explains that events have confirmed that voter ID laws are really all about disenfranchising poor and minority voters. Ever the empiricist that Posner guy. Full video after the jump… [New York Times] -
Antonin Scalia, Clerkships, Constitutional Law, Gay, John Paul Stevens, Religion, Supreme Court, Supreme Court Clerks, Television, Women's Issues
10 Tasty Tidbits From Justice Antonin Scalia
A wide-ranging interview with Justice Scalia, covering everything from his pet peeves (women cursing), his tastes in television, and his desire to hire more law clerks from "lesser" law schools. -
Antonin Scalia, Benchslaps, Books, Constitutional Law, Federal Judges, Quote of the Day, Reader Polls, Richard Posner, SCOTUS, Supreme Court
Quote of the Day: A Time-Out in Posner v. Scalia?
Here is Judge Richard Posner's (delicately worded) response to Justice Scalia calling him a liar.