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Scalia in the Casebooks
(University of Chicago Law Review, 2017)
In the time since Justice Antonin Scalia’s untimely death, much has been written about what his influence has been and what his influence will be. In this Essay, we try to quantify Scalia’s influence in law school ...
The Inference from Authority to Interpretive Method in Constitutional and Statutory Domains
(Cornell Law Review, 2017)
Should courts interpret the Constitution as they interpret statutes? This question has been answered in a wide variety of ways. On the one hand, many scholars and jurists understand constitutional and statutory interpretation ...
The Constitutional Ratchet Effect
(Cornell Law Review, 2017)
Christopher Serkin and Nelson Tebbe take an inductive and empirical approach to constitutional interpretation and elaboration. They ask whether attributes of the Constitution justify interpretive exceptionalism--that is, ...