In his latest contribution to our exchange about the courts’ obligation to follow precedent, Prof. Michael Rappaport answers a question that I posed in the comments section of the Liberty Law Blog. He had argued that “the judicial power” conferred … Continue reading
Prof. Michael Rappaport responds to my post from the other day about whether Justice Scalia’s originalism credentials are stronger than those of Justice Thomas. Rappaport says that “precedent was a widely followed practice of long-standing within the Anglo-American legal system … Continue reading
Prof. Lee Strang has published an article in the University of Detroit Mercy Law Review arguing that Justice Antonin Scalia is more faithful to the doctrine of “original intent” than is Justice Clarence Thomas. The argument, though, seems pretty strange … Continue reading
Author: Damien M. Schiff The brouhaha over Justice Antonin Scalia's remarks in California Lawyer Magazine about the protections afforded (or not) to various minority groups under the Constitution has in large measure missed the important take-away. Here you have a … Continue reading