Litigation

What Did the Framers Have in Mind
Stanley Fish has this article on the NY Times.  He writes: “Whatever side of the Second Amendment controversy you may be on, the clear winner in District of Columbia v. Heller (striking down a Washington, D...

A few disappointments in Heller
I love the result, but the academic in me sees a few disappointments in the method. MAJORITY: Scalia begins with a clear statement of his method: "In interpreting this text, we are guided by the principle that ?[t]he Constitution was written to be understood by the voters; its words and phrases were used in their normal and ordinary as distinguished from technical meaning...

Stanley Fish, Heller, and Intentionalism
I'm sick of reading about Heller, but then again I'm not, which is probably why I read with interest Stanley Fish's take on Heller in the NY Times. In "What Did the Framers Have in Mind?", Fish observes, "Whatever side of the Second Amendment controversy you may be on, the clear winner in District of Columbia v...

Lim on The Great Power Balance, the United Nations, and What the Framers Intended

You Can Rent My Mind
Prof. today... "That's what I get paid for, my mind. You're all renting my mind. And when you work as a lawyer, that's what you're doing: renting out your mind."...

Today at the Supreme Court: Hearsay, the Sixth Amendment, and Framers’ Intent
Today at the Supreme Court: Hearsay, the Sixth Amendment, and Framers’ Intent