Tags » Marc O. DeGirolami

Common Law Constitutionalism: The Meaning of Establishment Circa 1800

In this post, I speculated about the possibility that the meaning of “establishment” might be illuminated by the English experience of the term before the Constitution’s drafting. 1,277 more words

Commentary

Fallon on Justice Breyer's Van Orden Concurrence

The latest issue of the Harvard Law Review contains an extensive appreciation of a selection of Justice Breyer’s opinions. I thought to note one essay as particularly well done: Professor Richard Fallon’s discussion of Justice Breyer’s decisive concurrence in  663 more words

Scholarship Roundup

Horwitz, "The Hobby Lobby Moment"

Our friend, Paul Horwitz, has just published his essay, The Hobby Lobby Moment, in the latest issue of the Harvard Law Review. The piece is well worth reading and reflecting on. 110 more words

Scholarship Roundup

The Becket Fund is Hiring

I’ve posted a job announcement forwarded to me by the Becket Fund below. If you are interested in law and religion and the law of religious liberty specifically, this is a terrific opportunity. 82 more words

Marc O. DeGirolami

Rappaport on Common Law Constitutionalism

Professor Michael Rappaport has a really neat post about common law rights that are constitutionalized, and how one should interpret such rights. The post is particularly interesting for me because in my constitutional theory seminar, we are in between two classes that consider, respectively, the role of tradition and historical practice in constitutional interpretation, and the relationship between precedent and interpretive theory. 304 more words

Commentary

Gray on the Ubiquity of Evil

John Gray has a long, superb essay on the subject (h/t L. Joseph), with scathingly acute criticisms of the modern sense in which evil is eminently conquerable through (of all things) politics, or really doesn’t exist, or must somehow be the result of somebody’s mistake, or could be cleared up as a simple matter confusion. 1,299 more words

Commentary