Bradley and Siegel on Madisonian Liquidation and the Originalism Debate @curtisabradley @NeilScottSiegel

Curtis Bradley and Neil Siegel, both of Duke University School of Law, have published Historical Gloss, Madisonian Liquidation, and the Originalism Debate as Duke Law School Public Law & Legal Theory Series No. 2019-15. Here is the abstract. The U.S. Constitution is old, relatively brief, and very difficult to amend. In its original form, the Constitution was primarily a framework for a new national government, and for 230 years the national government has operated under that framework even as conditions have changed in ways beyond the Founders’ conceivable imaginations. The…

Proposel Panel for MLA 2020

Law & Humanities Blog: Call For Proposals: Persons in Poetry and Law: Proposel Panel for MLA 2020 skip to main | skip to sidebar Call For Proposals: Persons in Poetry and Law: Proposel Panel for MLA 2020 From the mailbox: Call For Proposals: Persons in Poetry and Law Proposed Panel for MLA 2020January 9-12, 2020Seattle, WA   What relationships exist between poetic and legal invocations of personhood? What emerges in examining the formal strategies involved in processes of invocation? Seeking papers that put poems and legal texts in conversation. Please…

Creating the Right To Exclude

Brian Sawers, Georgetown University Law Center, is publishing Race and Property After the Civil War: Creating the Right to Exclude in volume 87 of the Mississippi Law Journal (2018). Here is the abstract. This Article uncovers a lost history of property, showing the role that race and white supremacy played in the development of modern trespass law. Property law does not change in response to economic opportunities, evolving to ever-more efficiency. Instead, property law reflects political power. At times, the political process may reorient property law to produce a larger…