Improving originalism, and much more
The link to a History of Vacatur leads to the admin industry litigation article.
Fixed. Thanks!
Both these lines made me chuckle: "Euclid’s argument about traffic laws, quoted above, is compelling" and "The policy argument from Euclid above for the importance of accommodating technology is compelling."
Judge McConnell's title "Against Bad Originalism" appears free as a working paper here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5437020. He has a knack, I think, for turning an adversary into a friend.
The link to a History of Vacatur leads to the admin industry litigation article.
Fixed. Thanks!
Both these lines made me chuckle: "Euclid’s argument about traffic laws, quoted above, is compelling" and "The policy argument from Euclid above for the importance of accommodating technology is compelling."
Judge McConnell's title "Against Bad Originalism" appears free as a working paper here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5437020. He has a knack, I think, for turning an adversary into a friend.