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The Classical Liberal Constitution: Panel 3: Constitutional Methodology

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Published on Feb 12, 2014

This conference discussed, "The Classical Liberal Constitution: The Uncertain Quest for Limited Government," the new book by Professor Richard A. Epstein, Laurence A. Tisch Professor of Law and Director of the Classical Liberal Institute at NYU Law.

Panel 3: Constitutional Methodology

This panel evaluated Professor Epstein's theory of constitutional interpretation, which starts from a textualist position that it modifies in two ways. The first involves applying general principles to deal with non-textual issues of circumvention, justification, and remedy. Second, he discusses when the prescriptive constitution (based on long practice) leads to a departure from the original text. That interpretive background is then applied to the major conceptual shifts from the classical liberal constitution that he defends and the modern progressive world view that he attacks.

Moderator: Burt Neuborne

Panelists:
Barry Friedman (NYU Law)
Gary Lawson (Boston University Law)
Michael Rappaport (San Diego University Law)
Nicholas Rosenkranz (Georgetown Law)
Adam Samaha (NYU Law)

Co-sponsored by the Classical Liberal Institute at NYU Law and the NYU Journal of Law and Liberty.

This event took place on Monday, February 10, 2014.

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