If the Positive Law test is originalist, then what isn't? A close look at Fourth Amendment history and some recent scholarship. My friend and co-blogger Will Baude argued recently that his Positive ...

The U.S. Supreme Court building in Washington, D.C. (Carlos Barria/Reuters) I argued in my "Four Models" article that this pluralism was desirable. In applying the reasonable expectation of privacy ...

The phrase "human rights" may be used in an abstract and philosophical sense, either as denoting a special category of moral claim that all humans may invoke or, more pragmatically, as the ...