CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Tuesday, July 28, 2015

Seidman on Substitute Arguments in Constitutional Law

Seidman-michael_1Louis Michael Seidman (Georgetown University Law Center) has posted Substitute Arguments in Constitutional Law on SSRN. Here is the abstract:

In this article, I argue that that substitution is crucial to our practice of constitutional law. Of course, if one wished, one could easily extend the domain of substitution beyond these boundaries. Substitute arguments are an important aspect of law more generally and, indeed, of life. I have nonetheless chosen to limit my discussion to constitutional substitution because, I believe, overt discussion of substitution in this particular area illuminates important aspects of our constitutional regime -– aspects that substitution itself regularly obscures. To put my central point directly, I hope to show that constitutional law amounts to one, giant substitute argument.

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