The Failed Promise of Originalism

The Failed Promise of Originalism

eBook - 2013
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Originalism is an enormously popular-and equally criticized-theory of constitutional interpretation. As Elena Kagan stated at her confirmation hearing, ""We are all originalists."" Scores of articles have been written on whether the Court should use originalism, and some have examined how the Court employed originalism in particular cases, but no one has studied the overall practice of originalism. The primary point of this book is an examination of the degree to which originalism influences the Court's decisions. Frank B. Cross tests this by examining whether originalism appears t.
Publisher: Stanford, Calif. : Stanford Law Books, an imprint of Stanford University Press, 2013
ISBN: 9780804784696
Characteristics: 1 online resource (238 pages)


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