Originalism, as an interpretive methodology, in inapposite to the jurisprudence of legal positivism.

Justice Scalia’s application of textualism presupposes legal positivism.

Originalism is an interpretive methodology used because it produces results that are politically conservative.

In interpretating “necessary,” Chief Justice Marshall in McCulloch v. Maryland used “strict construction” Originalism.

Assume an American jurist adheres to natural law theory and further assume the jurist has before the court a validly enacted criminal statute that mandates the death penalty to be applied to duly convicted persons who violate parking regulations.  In a post-conviction, pre-sentencing ruling, this jurist may: 

Critical Theory comports and aligns with the Christian worldview.

Assess this thesis:  Resolved – America had a Christian founding.  Discuss the textual and historical support for, or opposition to, it with particular attention to America’s legal system. Your analysis should identify, but not be limited to, concepts, events, and textual predicates appearing in key political, legal, and advocacy writings supportive of your answer in assessing this thesis.

What are Professor Smith’s obligations regarding the students?

Peter owns an apartment with a great view of Central Park. On May 5, there will be a concert in Central Park with a line-up of several famous performers. The concert has been sold out for months. Peter decides to advertise he would rent the apartment on the night of the concert to anyone who wants to view the concert for $5,000. Denise agreed to rent the apartment for the day of May 5 and agreed to pay $5,000 on the day of the concert. As it turned out, the organizers of the concert failed to get one of the required permits so the concert was cancelled.  Denise refused to pay and Peter brings suit for breach and payment of the $5,000. In Peter v. Denise for breach, Peter will:

Dell Computers entered into an exclusive dealing agreement with Best Buy whereby Best Buy was granted the exclusive right to sell its computers nationwide in return for 60% of the sales price of any Dell computers sold, if any.  The parties agreed to an initial shipment of 10,000 computers, with more computers to be shipped later, upon mutual agreement, once the initial shipment was sold. Which of the following best describes Best Buy’s obligations to Dell Computers under the agreement?