Browsing HLS Scholarly Articles by Keyword "constitutional interpretation"

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    • Heller and the Perils of Compromise 

      Tushnet, Mark (2009)
      Heller’s compromise was to invalidate one quite restrictive gun regulation while asserting that others are presumptively constitutional. The Court’s opinion does not clearly explicate the methods courts are to use in ...

    • The Judiciary Is a They, Not an It: Interpretive Theory and the Fallacy of Division 

      Vermeule, Cornelius Adrian (University of San Diego School of Law, 2005)
      In the theory of constitutional and statutory interpretation, dynamic arguments point to the beneficial effects on legislative behavior that will result if "judges" or "courts" adopt a particular approach to interpretation. ...