student – NULR Of Note

NULR 1L Writing Competition: Dred Scott v. Sandford (Dissent)

April 24, 2019 Walter Garcia

Photo by Álvaro Serrano on Unsplash The idea of diversity has influenced some of our country’s most important judicial decisions. We asked Northwestern 1Ls to write about a case they studied in their first year of law school that has affected their opinion about diversity in the legal system. Walter was one of the winners. History will not look kindly upon this Court’s ruling. Nor should it. The short of the matter is that Mr. Dred Scott has been denied his basic sense of humanity,…

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NULR 1L Writing Competition: Fong Yue Ting v. United States (Critique)

April 24, 2019 Meher Babbar

Photo by Miko Guziuk on Unsplash The idea of diversity has influenced some of our country’s most important judicial decisions. We asked Northwestern 1Ls to write about a case they studied in their first year of law school that has affected their opinion about diversity in the legal system. Meher was one of the winners. Of the cases covered in Constitutional Law tracing the expansion of federal power, none is more germane to the current national discussion on immigration and race…

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Sources of Rights: Originalism and Thayerism

April 19, 2019 Joe Blass

Photo by Wesley Tingey on Unsplash At Northwestern University Law Review’s Symposium on Originalism 3.0, Professor Steven Calabresi presented a paper critiquing a Thayerian approach to judicial handling of unenumerated rights. The session was moderated by Professor James Pfander, with commentary by Professor Jamal Greene of Columbia University Law School. Professor Calabresi described James Thayer’s influential 1893 Article, The Origin and Scope of the American Doctrine of Constitutional Law, which posited that federal courts should only strike down laws that are…

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Grounding Originalism: A Panel Discussion Moving from Legal Theory to Legal Practice

April 19, 2019 Andrew Borrasso

Photo by Anthony Garand on Unsplash Is originalism correct? What might make it so? Grounding Originalism, a forthcoming Essay by Professors William Baude and Stephen E. Sachs, tackles these questions by moving from legal theory to legal empirics in an effort to provide a coherent story of our law. On Friday afternoon, November 5, 2018, Professors Baude and Sachs were joined by Professor Michael Ramsey in a panel discussion about Baude and Sachs’s piece, Grounding Originalism….

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Moving the Great Debate on Originalism Theory Forward

April 19, 2019 Emily McCormick

Photo by Giammarco Boscaro on Unsplash Georgetown Law’s Professor Lawrence B. Solum discussed his forthcoming article, Originalism versus Living Constitutionalism: The Conceptual Structure of the Great Debate,at the recent Northwestern University Law Review 2018 Symposium: Originalism 3.0. Professor William Ewald from the University of Pennsylvania provided commentary, and Northwestern Law Professor Joshua Kleinfeld moderated the panel. Professor Solum began the discussion by sharing his inspiration for the article. While this article comprises part of a larger scholarly work in defense…

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