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Applying Originalism

An essay reviewing the inaugural Justice Antonin Scalia Lecture, titled “Interpreting the Unwritten Constitution,” presented at Harvard Law School by Judge Frank H. Easterbrook on November 14, 2014.

Amending the Ancient Documents Hearsay Exception

This Essay critically assesses a pending, proposed amendment to the Federal Rules of Evidence—slated to take effect in December 2017—that would abrogate Federal Rule of Evidence 803(16), the hearsay exception for ancient documents. The proposed...

Vaccines, School Mandates, and California’s Right to Education

California recently enacted Senate Bill 277, which abolishes the personal beliefs exemption to school immunization requirements. One possible challenge to the law’s constitutionality is that it impermissibly limits the right to education. This Essay...