Tag: Constitutional Law
The Nature of Reasonableness
In honor of Professor Alan Calnan, a prolific and inspiring Torts scholar. His wife and colleagues at Southwestern Law School wish to dedicate this Essay to his memory.
Though the notion of reasonableness dominates Anglo- American law, its meaning has been clouded by traditional conceptual analysis. This Essay argues that greater clarity can be gained by taking a scientific approach to the subject, exposing the natural foundations beneath the concept’s varied interpretations. Reasonable legal minds agree that reasonableness is one of the foundational concepts of American law,…
Local Evidence in Constitutional Interpretation
Brandon L. Garrett,
The Supreme Court frequently relies on state law when interpreting the U.S. Constitution. What is less understood is the degree and manner in which the Supreme Court and other federal courts look to local law. Although it has gone largely unnoticed, there is a robust practice of acknowledging and accounting for local law in the…