The ascendancy of the harm principle in American law has led to contested ideas of harm that match the moral and political views of the person making them.
Marc O. DeGirolami
Originalists need to acknowledge the traditionalism of constitutional law and that precedential age, endurance, and connection to common practice matter.
Originalists must confront the value of legal stability promoted by stare decisis more squarely.
What we require is not judicial restraint, but a different sort of judicial engagement that develops the traditions of republican government.
There are too few legal traditionalists to achieve what Merriam wants; this argues for a restorative project that’s conceptual rather than demographic.
The eminently useful personal qualities of John Marshall.
Patrick Deneen has demonstrated that liberalism has serious internal flaws, but legal liberalism least likely to adapt to overcome these difficulties.
