JHo sends along this CNSNews overview of SCOTUS nominee Elena Kagan’s views on speech as outlined in a 1996 article published in the U of Chicago Law Review. From CNS: In her article, Kagan said that examination of the motives of government is the proper approach for the Supreme Court when looking at whether a law violates the First Amendment. While not denying that other concerns, such as the impact
May 12, 2010
May 12, 2010
“Why Bother With the Constitution?”
Stanley Fish, erstwhile champion of reader response theoretics, channels his inner intentionalist. Not that he really has a choice — as both he and I continue to make abundantly clear. But be that as it may. Using as his exemplar the text of the First Amendment, Fish fashions his rebuttal to David Strauss and the Living Constitutionalists, who have taken to arguing that, when it comes to constitutional interpretation, “the
May 12, 2010
"Why Bother With the Constitution?"
Stanley Fish, erstwhile champion of reader response theoretics, channels his inner intentionalist. Not that he really has a choice — as both he and I continue to make abundantly clear. But be that as it may. Using as his exemplar the text of the First Amendment, Fish fashions his rebuttal to David Strauss and the Living Constitutionalists, who have taken to arguing that, when it comes to constitutional interpretation, “the