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Litigation

: Point of Law

Rosenkranz: The Subjects of the Constitution

By James R. Copland

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As the folks on the Senate Judiciary Committee get ready to question Elena Kagan, they'd all be well advised to review the ground-breaking new article I had the pleasure of reading this afternoon, The Subjects of the Constitution (SSRN), by my law school classmate Nick Rosenkranz. In his common-sense logical-textualist approach to judicial review, Professor Rosenkranz suggests that courts should look first to the subject of a constitutional violation, i.e., who violated the constitution? As his read more

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Full post as published by Point of Law on May 26, 2010 (boomark / email).

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