Fallon's Doctrine - Special Guest Michael Dorf

Fallon's Doctrine - Special Guest Michael Dorf

We pay tribute this week to a titan in the field whom you may not have heard of. Professor Richard Fallon, the Joseph Story Professor of Law at Harvard, passed away last week. As you will hear from his collaborator and friend, our guest Professor Michael Dorf, Dick Fallon had a deep impact in the law and the academy, and did so with grace, class, and integrity. The parallels between his career and Professor Amar’s are striking, but so is the divergence in their constitutional approaches. And this makes for a fascinating and instructive episode as we probe, rather deeply, the nature of these divergences and how they appear in various places in the law. Meanwhile this also brings us back to a fundamental matter for this podcast, namely, the nature of and validity of originalism as opposed to or in concert with other methods of interpreting and understanding the constitution and applying it in today’s, and tomorrow’s, America. That America must now, sadly, go on without Dick Fallon, but it will do so informed by his career and his greatness. We are fortunate to have Michael Dorf to show us why this is so. CLE credit is available for lawyers and judges from podcast.njsba.com.

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Episoder(279)

Created to Born to Barbara

Created to Born to Barbara

Akhil and Andy visit a high school in Garden City, NY, to speak with outstanding high school students about Born Equal.  In the process, we trace one of America’s great credos - “All Men Are Created E...

25 Mar 58min

A Brief Ecosystem

A Brief Ecosystem

We’ve been mentioning the birthright citizenship case, Trump v. Barbara, and Professor Amar’s amicus brief in the case.  Now we begin to analyze it in depth.  We begin with the structure of the brief;...

18 Mar 1h 15min

Substantive Expansion - with Advisory Opinions and Divided Argument

Substantive Expansion - with Advisory Opinions and Divided Argument

Amarica’s Constitution has joined with two other great podcasts! We’re still ourselves, but today we bring all three podcasts together to look at a recent case, Mirabelli v. Bonta, which brings substa...

11 Mar 1h 20min

Attorney Amar's Opening Argument

Attorney Amar's Opening Argument

In this shorter-than-usual episode, you are now a Supreme Court clerk getting ready for the Trump v. Barbara case.  What do you do?  What do you read? We guide you. And as we think about what will hap...

4 Mar 28min

Tariffs Are A Major Question - Special Guest Vikram Amar

Tariffs Are A Major Question - Special Guest Vikram Amar

The Court has ruled Trump’s so-called reciprocal tariffs unconstitutional.  Vik Amar, who offered important theories that appeared prominently in the opinion, joins us to explain the Major Questions D...

27 Feb 1h 22min

Pillorying the Post

Pillorying the Post

Jeff Bezos emasculated the Washington Post; now he has virtually killed it.  Why?  And what does this mean for the nation?  What is the importance of major newspapers to the American constitutional sy...

18 Feb 1h 21min

Converse-1983 Is A Thing

Converse-1983 Is A Thing

It’s becoming apparent that the theory that Professor Amar put forth 40 years ago in a now-famous law review article, Of Sovereignty And Federalism, is being taken seriously by more and more legislatu...

12 Feb 1h 12min

A Virtuous Republic, If You Can Keep It

A Virtuous Republic, If You Can Keep It

In a wide-ranging episode, we finish looking back - and in doing so, we look into the near future as well.  The birthright citizenship case will be heard in oral argument on April 1, and we go back to...

4 Feb 1h 9min

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