Barak’s Purposive Interpretation in Law as a Pattern of Constitutional Interpretative Fidelity

Ordinary Administrative Law as Constitutional Common Law

Henry Monaghan famously argued that much of constitutional interpretation takes the form of what he termed constitutional common law, a body of doctrines and rules that are constitutionally inspired but not constitutionally required and that can be altered or reversed by Congress. This Essay argues that a fair amount of ordinary administrative law qualifies as constitutional common law: Constit...

Law as Interpretation

and a concrete intention here: the delegate intends to prohibit discrimination in whatever in fact is of fundamental interest and also intends not to prohibit segregated schools. These are not isolated, discrete intentions; our descriptions, we might say, describe the same intention in different ways. But it matters very much which description a theory of legislative intention accepts as canoni...

Constitutional Law

The Rule of Law as a Source of Constitutional Change

A Point of Constitutional Law