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Why Textualism is Winning

Harvard’s Cass Sunstein rearticulated criticisms of “originalism”—the theory that judges should construe legal texts using the original public meaning of its words—in a Bloomberg op-ed piece last week. While critical of conservative originalism, Sunstein does not reject the entire approach outright. Sunstein, like Jack M. Balkin in his 2011 book, Living Originalism, seeks to wrest the idea originalism from the proprietary hands of conservative legal authorities like U.S. Supreme Court Justices Antonin Scalia and Clarence Thomas. Continue Reading »

Mr. Khalil Gets Fired

Let’s consider a hypothetical case. Imagine that a Muslim middle school—let’s call it Zaytuna Academy—hires Mr. Khalil as its Vice Principal. Mr. Khalil is an effective administrator and is very popular with teachers and students alike. Now, Mr Khalil happens to believe that the prohibition of alcohol consumption in Islam is wrong. So he doesn’t honor that teaching in his personal life. Continue Reading »

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