Eric Segall's Originalism as Faith provides both a history of the originalist movement in constitutional interpretation and a critique of that movement from the perspective of legal realism. This Review Essay summarizes Segall's main argument: as originalism has abandoned deference to the...

This Article presents a new perspective on the Supreme Court's constitutional jurisprudence during the Early Republic. It focuses on what I am calling second-order ipse dixit reasoning, which occurs when Justices have to decide between two incommensurable interpretive modalities. If first-order...

The promise of originalism is that it helps us to fix constitutional meaning and constrain constitutional decision-makers. There are significant constitutional questions that originalism can help resolve, at least to the extent that constitutional decision-makers buy in to originalism. However,...

This chapter, a contribution to a book on International Legal Positivism in a Post-Modern World, gauges the potential for mutually enriching interactions between international legal positivism and legal realism. It first describes the encounter between legal positivism and legal realism in the...

This is the introduction to a collection of articles to be published in the Valparaiso Law Review. The articles address the challenges presented by non-traditional warfare and non-traditional combatants in the contexts of the War on Terror and the trend toward multilateral and humanitarian...

This paper was first presented at the Temple Law Review Symposium on Executive Power.In Reynolds v. United States, the Supreme Court shaped the state secrets privilege (the Privilege) as one akin to that against self-incrimination. In recent litigation, the government has asserted the Privilege...

Hans Kelsen (1881-1973), who lived and taught in the United States for over three decades, was one of those emigre intellectuals whose quot;style of thinking,quot; as H. Stuart Hughes put it, quot;withered or barely held [its] own in the new American setting.quot; Kelsen's relative obscurity in...