July, 2008

Wrapping It Up: Incorporation and Judicial Activism

With this final posting, I’d like to revisit two issues that I raised in my initial essay: incorporation and judicial activism. Both issues have implications for future litigation — consistent with the caption for this blog, “After Heller: The New American Debate.”
I use as my takeoff point two comments by Erwin Chemerinsky, who [...]

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Principle, Surplusage, and Danger

Dennis Henigan begins his latest post by claiming that I endorse this non-sequitur: “Since there are liberal law professors who agree with Justice Scalia’s view of the Second Amendment, Scalia’s opinion in Heller must be as principled as the views of the liberal law professors.” Not quite, Dennis. Yes, there are many [...]

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