The American Republic Stands By For A 3-6 Shellacking

The American Republic, not content with having one election decided by nine unelected officials (Bush v. Gore, circa 2000), is gearing up yet again to have its Grand Prize, its esteemed (and very expensive) presidential election, decided by another unelected jurisprudential posse – the Supremes, all the better now for having replaced one punchy acronymContinue reading “The American Republic Stands By For A 3-6 Shellacking”

How Many Constitutional Amendments Are There?

The short answer: the number of times the Supreme Court has ruled on a constitutional question. Every time the Supreme Court grants certiorari, allows a case to move ‘upwards’ from state and Federal courts to its chambers, and then proceeds to rule–keeping in mind the supposedly relevant precedents, and on the basis of a coherentContinue reading “How Many Constitutional Amendments Are There?”

Mass Incarceration And Teaching Philosophy Of Law

This coming spring semester, as in the just-concluded fall semester, I will be teaching Philosophy of Law. As I get down to thinking about my syllabus, one imperative seems overriding: I must ‘do more’ on mass incarceration (and related topics like the theory of punishment and the death penalty.) No topic seems more important, pressing,Continue reading “Mass Incarceration And Teaching Philosophy Of Law”

Statutory Interpretation, the “Nietzsche Rule”, and Stevens and Scalia in Zuni

From Chapter 8, (‘Doctrines of Statutory Interpretation’), Section 1, A. ‘Textual Canons’, 2 ‘Grammar Canons’, (f) ‘The Golden Rule (Against Absurdity) – and the Nietzsche Rule. ¬†of William N. Eskridge, Jr., Philip Fricket, and Elizabeth Garrett, Cases and Materials on Legislation: Statutes and the Creation of Public Policy, Thomson West, American Casebook Series, Saint Paul,Continue reading “Statutory Interpretation, the “Nietzsche Rule”, and Stevens and Scalia in Zuni”