In an interesting essay on Law & Liberty, leading originalist scholars John McGinnis and Mike Rappaport address the thorny question of how an originalist Supreme Court should deal with the Court’s ...
One way to do that is by what scholars call "narrowing" precedents, such as by limiting them almost exclusively to the factual circumstances in which they arose. Critics have disparaged this practice ...
See more of our trusted coverage when you search. Prefer Newsweek on Google to see more of our trusted coverage when you search. This conception of legitimacy may have some intuitive appeal—why ...
In “Chevron’s End Could Be Good for Free Trade” (Op-ed, Aug. 28), Thomas Duesterberg writes that the Supreme Court gave Congress “an extra tool to combat ineffective and often-counterproductive trade ...
The federal government Friday filed its opening brief to the U.S. Supreme Court in possibly the most consequential administrative law case in decades, imploring the justices not to overturn nearly ...
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