Dec 30 2016 Blog Post News When Enforcing the Constitution Means Rejecting Precedent: A Reply to Greg Weiner Evan D. Bernick Part bull, part man, and nourished by Athenian blood, the minotaur has been the stuff...
Dec 19 2016 Blog Post News Deciding Unclear Originalist Cases: Towards Good-Faith Constitutional Construction Evan D. Bernick Interpreting a centuries-old document and applying it to factual circumstances unknown and perhaps inconceivable to...
Oct 26 2016 Topics Federalism & Separation of Powers Blog Post News Size Doesn't Matter: Why Shrinking the Supreme Court Won't Promote Constitutionally Limited Government Patrick Gillen, Evan D. Bernick The Supreme Court needs to be cut down to size. So argues Professor Michael Stokes...
Aug 25 2016 Topics Federalism & Separation of Powers Blog Post News Scrutiny for Me, But Not For Thee? New York Times Columnist Praises Courts for "Calling out Legislators" in Abortion and Voting Rights Cases Evan D. Bernick It is not often that a progressive columnist offers full-throated praise for judicial decisions to...
Aug 10 2016 Blog Post News The Libertarian Case for Originalism Evan D. Bernick Amongst proponents of limited government—be they conservatives or libertarians—originalism is the theory of constitutional interpretation...
Jul 19 2016 Topics Federalism & Separation of Powers Blog Post News Judicial Impartiality Must Not Be a Mere "Facade": On the Dangers of Individual and Systematic Judicial Bias Evan D. Bernick In an article published Tuesday on this blog, David Applegate applauds the New York Times...
Jun 27 2016 Topics Criminal Law & Procedure • Federalism & Separation of Powers Blog Post News Utah v. Strieff: Fourth Amendment Rights Without Remedies and the Problem of Arbitrary Police Power Evan D. Bernick “[I]f the laws furnish no remedy for the violation of a vested legal right,” the...
Jun 13 2016 Topics Federalism & Separation of Powers Blog Post News Williams v. Pennsylvania: Supreme Court Holds Judge Can't Hear Case He Once Prosecuted Evan D. Bernick The legal principle that “No person may be a judge in his own cause” can...
May 24 2016 Topics Federalism & Separation of Powers Blog Post Restoring Public Trust: In Foster v. Chatman, Supreme Court Strikes Blow Against Prosecutorial Misconduct Evan D. Bernick Prosecutors are entrusted with truly awesome power. They can have citizens investigated, arrested, indicted and...
May 18 2016 Topics Federalism & Separation of Powers Blog Post News Administrative Law and Judicial Duty: Justice Thomas' Principled Stand Against Arbitrary Power Evan D. Bernick Few constitutional scholars would deny that the Supreme Court has made tragic—even shameful—errors in interpreting...
When Enforcing the Constitution Means Rejecting Precedent: A Reply to Greg Weiner
Part bull, part man, and nourished by Athenian blood, the minotaur has been the stuff...
Deciding Unclear Originalist Cases: Towards Good-Faith Constitutional Construction
Interpreting a centuries-old document and applying it to factual circumstances unknown and perhaps inconceivable to...
Topics
Size Doesn't Matter: Why Shrinking the Supreme Court Won't Promote Constitutionally Limited Government
The Supreme Court needs to be cut down to size. So argues Professor Michael Stokes...
Topics
Scrutiny for Me, But Not For Thee? New York Times Columnist Praises Courts for "Calling out Legislators" in Abortion and Voting Rights Cases
It is not often that a progressive columnist offers full-throated praise for judicial decisions to...
The Libertarian Case for Originalism
Amongst proponents of limited government—be they conservatives or libertarians—originalism is the theory of constitutional interpretation...
Topics
Judicial Impartiality Must Not Be a Mere "Facade": On the Dangers of Individual and Systematic Judicial Bias
In an article published Tuesday on this blog, David Applegate applauds the New York Times...
Topics
Utah v. Strieff: Fourth Amendment Rights Without Remedies and the Problem of Arbitrary Police Power
“[I]f the laws furnish no remedy for the violation of a vested legal right,” the...
Topics
Williams v. Pennsylvania: Supreme Court Holds Judge Can't Hear Case He Once Prosecuted
The legal principle that “No person may be a judge in his own cause” can...
Topics
Restoring Public Trust: In Foster v. Chatman, Supreme Court Strikes Blow Against Prosecutorial Misconduct
Prosecutors are entrusted with truly awesome power. They can have citizens investigated, arrested, indicted and...
Topics
Administrative Law and Judicial Duty: Justice Thomas' Principled Stand Against Arbitrary Power
Few constitutional scholars would deny that the Supreme Court has made tragic—even shameful—errors in interpreting...