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5 Mar 2024, 8:59 pm
(Joe Ravi/Wikimedia/CC-BY-SA 3.0) Michael Rappaport is one of the nation's most prominent [read post]
2 Aug 2011, 12:32 pm
Recently, I finished the newly published article, The One and Only Substantive Due Process Clause by Ryan Williams in the Yale Law Journal. It is a very powerful piece and deserves serious consideration. Prompted by the article, I plan several posts on substantive due process. In this post, I will briefly describe the evolution of my views on substantive due process. For the uninitiated, the Constitution contains two due process clauses -- in the 5th and 14th Amendments. One interpretation of the… [read post]
23 Nov 2009, 12:01 am
About the hacked e mails, its reporter/blogger writes: The documents appear to have been acquired illegally and contain all manner of private information and statements that were never intended for the public eye, so they won’t be posted here. Apparently this policy does not apply to military secrets. (Hat tip: Ed Discroll) [read post]
12 Aug 2011, 3:28 pm
At the Originalism Blog, I have a post on this question. In that post, I explain the problems with all of the usual names: Framers, Ratifiers, Founders. My current usage is the Enactors, but maybe others have a suggestion. [read post]
9 Aug 2010, 2:31 pm
An interesting poll over at Volokh from Orin Kerr, with readers believing the right emerged at a variety of times, ranging from the 1700s, to the 1800s, to the Warren Court, to the Rehnquist Court, and finally to the last five years. Quite interesting. There is an interesting law review article embedded in this question. [read post]
5 Apr 2010, 12:31 am
Brian Leiter has created various lists of scholarly impact for law professors. The top cited professors are all men. No women comes close -- the men range from 2860 to 1740 cites, while the women range from 1080 to 790. But why is a separate list for women needed? If one wanted to include another 10 names, why not just list scholars 11 to 20, who are presumably men? I suppose for the affirmative action minded of the world, one might want to know who the leading women are, so one could have a… [read post]
12 May 2008, 1:34 pm
John McCain proposes a mandatory cap and trade policy for greenhouse gases, cutting greenhouse gas emissions by 60 percent below 1990 levels by 2025. If McCain proposes it, it will pass the Congress, whether or not the Republicans have a fillibuster proof minority in the Senate. If Obama proposes it, the Republican Senate might fillibuster it. This is part of the counterargument to those, like Ilya Somin, who favor McCain as a means of promoting divided… [read post]
16 Aug 2012, 6:18 am
Over at The Originalism Blog, Mike Rappaport responds to a recent essay by Michael [read post]
18 Dec 2014, 2:35 pm
itself, is condemned to be free.There are three responses to Steve's essay: One is by Michael Rappaport [read post]
11 Jul 2007, 3:00 pm
From one of Judge Sloviter's former clerks, Professor Mike Rappaport: In 1985, having just graduated [read post]
18 Apr 2007, 3:06 pm
Mike Paulsen has a provocative post on Balkinization explaining why adherence to constitutional precedent [read post]
22 Jan 2010, 12:18 am
It now seems that Democratic health care restructuring is dead. And the Supreme Court has declared much of McCain Feingold unconstitutional. Politically, it doesn't get much better than that. But it is important to realize who put us in the situation where these actions were needed. It is old news, but let us not forget that Bush's squandering of the small government, prudent spending issue did much to allow the Democrats to secure their dominance in 2009. And while McCain was probably a… [read post]
22 Mar 2010, 9:17 pm
Many commentators, such as the excellent Mark Steyn, have pronounced us dead (or European). And we may one day be dead, but not yet. Why? The Democrats did not pass a Medicare national health care bill over the weekend. They passed a regulatory, Rube Goldberg monstrosity, but not free health care that would be difficult to take away. Instead, their bill will do much to make private insurance ineffective, raising costs and decreasing efficiency. If it takes effect, this may lead to the next step of a… [read post]
1 Aug 2007, 11:13 pm
I recently returned from a family vacation to Italy. In Rome, one of our guides took us through the Jewish ghetto. She is writing her Ph.d on Jewish-Christian relations in 1st-5th century Rome, and has been granted access to Vatican materials. She told us many things that I had never heard before, including that the Sistine Chapel was based on the dimensions of Solomon's temple. The guide also told us that Pope John Paul II's mother was initially… [read post]
15 Apr 2013, 9:06 am
I recently placed this article on SSRN. Here is the abstract: The legal literature on the subject of originalism and affirmative action asserts two propositions: that originalism strongly supports the constitutionality of affirmative action and that the two originalist justices – Justices Scalia and Thomas – appear to be hypocrites for holding that the Constitution forbids government affirmative action. These claims are made by various leading scholars, including Cass … [read post]
24 Jun 2013, 5:02 pm
"Recently Michael Rappaport has tried to make the case that the color-blind Constitution is required [read post]
9 Jul 2010, 1:52 pm
My brother, a strong New York Knick fan, expresses these sentiments (the day before Lebron announced): If Lebron goes to Miami it will be very sad -- almost as bad as when [the Knicks] couldn't get Kareem in 1975. If the Knicks ever get good it will only add fuel to the fire: riley, lebron, stacking the deck. If he came here, he'd have less pressure in the beginning. and the ceiling would be MUCH MUCH higher here -- a real chance for a real legacy. if he wins here he'll be Babe Ruth.… [read post]
16 Jan 2025, 7:08 pm
For a contrary opinion, I would recommend a critical commentary from John McGinnis and Mike Rappaport [read post]
6 Sep 2012, 7:24 am
Mike Rappaport has further commentary on the review over at the Originalism Blog. [read post]
30 Jan 2020, 2:58 am
[Mike Rappaport, Law and Liberty] Tags: Article V, constitutional law, Virginia [read post]
