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The Judiciary Is a They, Not an It: Interpretive Theory and the Fallacy of Division
(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. ...
Heller and the Perils of Compromise
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 ...