Legal Theory Blog

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According to the data and stats that were collected, 'Legal Theory Blog' channel has an outstanding rank. The channel mostly uses long articles along with sentence constructions of the advanced readability level, which is a result that may indicate difficult texts on the channel, probably due to a big amount of industrial or scientific terms.

About 'Legal Theory Blog' Channel

"All the theory that fits."

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Advanced readability level of 'Legal Theory Blog' content is probably targeted at well-educated subscribers as not all readers might clearly understand their texts. There are also some articles with medium readability level.

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More on Originalism and Same Sex Marriage

[...] by originalists, with Kurt Lash and Randy Barnett articulating clashing conceptions of its original meaning. The primary aim of my previous post, however, is not to enter into the debates about a [...]

Bloom & Tebbe on "Originalism & the Good Constitution" by McGinn...

[...] different accounts of the mechanism of fixation: McGinnis and Rappaport argue that the original meaning is at least partially constituted by the original methods of constitutional interpretation [...]

What Should Count as an Originalist Case for a Right to Same Sex Marriage

[...] two different questions that are conflated in the exchange between Kerr and Somin: Does the original meaning of the 14th Amendment to the Constitution require a right to same-sex marriage? Is there a [...]

Bhagwat on the Freedom of Speech & Prior Restraints

[...] theory.145 What, in that situation, is an Originalist to do? Perhaps to concede that while Original Meaning is sometimes a useful guide, often it simply is not. If Bhagwat is correct, then the Speech [...]

Legal Theory Lexicon: Textualism

[...] conditions. Many of these readers will not be able to afford access to analysis of the legislative history of the statute; they will simply read the statute itself. Of course, they will know that [...]

Nourse on the Constitution & Legislative Intent

[...] Victoria Nourse (Georgetown University Law Center) has posted The Constitution and Legislative History (University of Pennsylvania Journal of Constitutional Law, Vol. 17, pp. 313-363, 2014) on [...]

Download of the Week: "Elementary Statutory Interpretation" by Nourse

[...] context. We should give up talking about legislative history, replacing it with the far more helpful notion of legislative decision and statutory [...]

Nourse on Statutory Interpretation & Legislative Intent

[...] context. We should give up talking about legislative history, replacing it with the far more helpful notion of legislative decision and statutory [...]

Greenhouse on Lewis & the Supreme Court

[...] Linda Greenhouse (Yale Law School) has posted The Rigorous Romantic: Anthony Lewis on the Supreme Court Beat on SSRN. Here is the abstract: Tony Lewis called himself “a romantic about the Supreme [...]

Rosen on Choice of Law as Federal Law

[...] always can legislatively revise judicially created choice-of-law doctrines — even those of the Supreme Court. [...]

Jacob on Thomas and Scalia & Originalism

[...] the contemporary Godfather of the originalist movement. 2 But there is another Justice on the Supreme Court, a quiet Justice who rarely speaks during oral argument and not famous for his lectures or [...]

Logan on Disagreements between Lower State and Federal Courts on Federal Constit...

[...] evaded the attention of commentators and, more importantly, often go unaddressed by the Supreme Court, which appears content to maintain its historically small plenary docket. In response, the [...]

Solum on the Fixation Thesis

[...] and living constitutionalists. Originalism is the view that the original meaning of the constitutional text should constrain or bind constitutional practice—paradigmatically, the decision of [...]

Hovenkamp on Neoclassical Legal Thought

[...] #10 were inadequate to combat special interest legislation. However, nothing in the Constitutional text authorized the federal courts to pursue capture directly, unless the legislation in [...]

Turner on Scalia & Brown v. Board

[...] Scalia.  Public meaning originalism focuses on the communicative content of the constitutional text.  The "prevalent political and intellectual atmosphere" is not the [...]

What Should Count as an Originalist Case for a Right to Same Sex Marriage

[...] understandings of the ratifiers" and then the "original public meaning of the constitutional text."  In the late 1990s, Keith Whittington introduced to the interpretation-construction [...]

What Should Count as an Originalist Case for a Right to Same Sex Marriage

[...] developed, it differentiates "interpretation" (the activity of discovering the communicative content of the constitutional text) and "construction" (the activity of determining the [...]

Turner on Scalia & Brown v. Board

[...] of originalism advocated by Justice Scalia.  Public meaning originalism focuses on the communicative content of the constitutional text.  The "prevalent political and intellectual atmosphere& [...]

Bloom & Tebbe on "Originalism & the Good Constitution" by McGinn...

[...] is captured by two ideas: "The Fixation Thesis" is the claim that the communicative content is fixed at the time each provision of the constitutional text is framed and ratified. & [...]

Solum on the Fixation Thesis

[...] essay makes the case for the Fixation Thesis—the claim that the linguistic meaning (or communicative content) of the constitutional text was fixed when each provision was framed and ratified. [...]

Matczak on Intention in Lawmaking

[...] posted Three Types of Intention in Lawmaking on SSRN. Here is the abstract: The nature of legislative intent remains a subject of vigourous debate in legal theory. A conspicuous feature of the debate [...]

Download of the Week: "Three Types of Intention in Lawmaking" by Matczak

[...] of other people by uttering words. The dominant approach in legal theory holds that legislative intent is a broadly semantic (locutionary) one. A closer examination shows that it is fact an [...]

Nourse on Statutory Interpretation & Legislative Intent

[...] University Law Center) has posted Elementary Statutory Interpretation: Rethinking Legislative Intent and History (Boston College Law Review, Vol. 55, pp. 1613-1658, 2014) on SSRN. Here is the [...]

Download of the Week: "Elementary Statutory Interpretation" by Nourse

[...] The Download of the Week is Elementary Statutory Interpretation: Rethinking Legislative Intent and History by Victoria Nourse. Here is the abstract: This article argues that theorists [...]

Legal Theory Lexicon: Virtue Jurisprudence

[...] on the idea of fairness and on the conception of rights that is at the heart of deontological legal theory. Utilitarianism and the law reform agenda of Jeremy Bentham provide an important inspiration [...]

Legal Theory Lexicon: Fit and Justification

[...] Press, 1977)). This is one of the most famous and influential articles in contemporary legal theory, and I would put it very high on my recommended legal-theory reading list. Lot's of Dworkin's [...]

Poscher on Alexy & Principles

[...] to promote its balancing idea in an area of the law, it cannot do so from the high road of legal theory, but has to support it with doctrinal arguments, which most of the time, though, support more [...]

Legal Theory Lexicon: Textualism

[...] Introduction One of the most important topics in legal theory is “legal interpretation,” the theory of the derivation of meaning from legal texts. Of course, [...]

Solum on the Fixation Thesis

[...] Lawrence B. Solum (Georgetown University Law Center) has posted The Fixation Thesis: The Role of Historical Fact in Original Meaning on SSRN. Here is the abstract: The central [...]

More on Originalism and Same Sex Marriage

[...] seems to believe that "fixed by batshit crazy beliefs" counts consistent with the Fixation Thesis.  If so, his understanding of the thesis is different than mine. Perhaps, Kerr would [...]

Bloom & Tebbe on "Originalism & the Good Constitution" by McGinn...

[...] ;  As I have argued elsewhere, the core of originalism is captured by two ideas: "The Fixation Thesis" is the claim that the communicative content is fixed at the time each provision of the [...]

What Should Count as an Originalist Case for a Right to Same Sex Marriage

[...] ;fixation" and "constraint."  We can articulate these ideas as follows: The Fixation Thesis:  The communicative content of each constitutional provision is fixed at the time the [...]

Lash on Safe Harbor Originalism

[...] has resulted in a rapidly expanding body of scholarship by a richly diverse group of constitutional theorists, many of whom “tweak” the method in order to bring it within their preferred normative [...]

Nourse on the Constitution & Legislative Intent

[...] courts. She also explains why these claims should be of greater concern to a variety of constitutional theorists, particularly those who embrace theories of popular and common law constitutionalism, [...]

What Should Count as an Originalist Case for a Right to Same Sex Marriage

[...] , the meaning of which depends on either stipulated definitions or consistent usage among constitutional theorists.  Different theorists want to draw the line at different places.  Debates over [...]

?Key Phrases
More on Originalism and Same Sex Marriage

[...] by originalists, with Kurt Lash and Randy Barnett articulating clashing conceptions of its original meaning. The primary aim of my previous post, however, is not to enter into the debates about a [...]

Bloom & Tebbe on "Originalism & the Good Constitution" by McGinn...

[...] different accounts of the mechanism of fixation: McGinnis and Rappaport argue that the original meaning is at least partially constituted by the original methods of constitutional interpretation [...]

What Should Count as an Originalist Case for a Right to Same Sex Marriage

[...] two different questions that are conflated in the exchange between Kerr and Somin: Does the original meaning of the 14th Amendment to the Constitution require a right to same-sex marriage? Is there a [...]

Bhagwat on the Freedom of Speech & Prior Restraints

[...] theory.145 What, in that situation, is an Originalist to do? Perhaps to concede that while Original Meaning is sometimes a useful guide, often it simply is not. If Bhagwat is correct, then the Speech [...]

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