Vol. 31 No. 3, June 2008
Index
- Preface.
- Foreword.
- A critical introduction to the originalism debate.
- Pragmatism's role in interpretation.
- Two (more) problems with originalism.
- A pragmatic defense of originalism.
- Originalism and pragmatism: false friends.
- Text vs. precedent in constitutional law.
- On text and precedent.
- Why conservatives shouldn't be originalists.
- The conservative case for precedent.
- Resisting the ratchet.
- A government of adequate powers.
- The choice between Madison and FDR.
- Paper money and the original understanding of the coinage clause.
- The original meaning of the free exercise clause: the evidence from the First Congress.
- Thinking about originalism.
- Constituting the Constitution: understanding the American Constitution through the British cultural Constitution.
- Politics, constitutional interpretation, and media ecology: an argument against judicial minimalism.
- Reconceptualizing split-recovery statutes: Philip Morris USA v. Williams.
- Playing lawyers: the implications of endowing parents with substantive rights under IDEA in Winkelman v. Parma City School District.
- Avoiding Mead: the problem with unanimity in Long Island Care at Home, Ltd. v. Coke.
- No taxation without separation: the Supreme Court passes on an opportunity to end establishment clause exceptionalism: Hein v. Freedom from Religion Foundation, Inc.