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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Original Sin

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Samuel A. MarcossonAssistant Professor of Law, Brandeis School of Law, University of Louisville, USA

ISBN13: 9780814756409
ISBN: 0814756409
Published: June 2002
Publisher: New York University Press
Format: Hardback
Price: £74.00

Originalism is the practice of reviewing constitutional cases by seeking to discern the framers' and ratifiers' intent. This text argues that the ""jurisprudence of original intent,"" represented on the 2002 Supreme Court by Justice Antonin Scalia and Clarence Thomas, has failed on its own terms. Attempts to determine the framers' intent have not brought greater determinacy and legitimacy to the process of constitutional interpretation. Instead, the method has been marked by the very flaws - including self-interested reasoning and the manipulation of doctrine - that originalists argue marred the jurisprudence of the judical ""activist"" of the Warren Court.

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I never lie; multitudes in me; hypothesis testing; states of grace?; the smoking gun; a bridge over troubled waters?; any more such victories; legitimation.