Michael Rappaport
Arlene Penticoff
apenticoff@SanDiego.edu
(619) 260-6843
Hugh and Hazel Darling Foundation Professor of Law; Director, Center for the Study of Constitutional Originalism
- JD, 1985, Yale Law School
- DCL (Political Philosophy), 1990, Yale Law School
Areas of Expertise
Constitutional Law, Constitutional Interpretation, Administrative Law, Originalism, Separation of Powers, Federalism, Comparative Constitutional Law
Professional Experience
Rappaport worked in the Office of Legal Counsel in the U.S. Department of Justice and practiced appellate law with Gibson, Dunn & Crutcher in Washington, D.C. He was a law clerk to Judge Dolores Sloviter of the United States Court of Appeals for the Third Circuit.
Honors and Affiliations
Rappaport is the Director of the Center for the Study of Constitutional Originalism and is the founder of the Originalism Blog. He has taught overseas at the Sorbonne in Paris, France, and at Bar-Ilan University in Ramat Gan, Israel. He is also a member of the Administrative Law & Regulation Executive Committee of The Federalist Society.
Scholarly Work
- A Two-Tiered and Categorical Approach to the Nondelegation Doctrine, in The Administrative State before the Supreme Court: Perspectives on the Nondelegation Doctrine (Peter J. Walliston & John Yoo eds., AEI Press 2022)
- Presidential Polarization, 83 Ohio State Law Journal 5-60 (2022) (with McGinnis)
- The Power of Interpretation: Minimizing the Construction Zone, 96 Notre Dame Law Review 919 (2021) (with McGinnis)
- Replacing Administrative Adjudication with Independent Administrative Courts, 26 George Mason Law Review 811 (2019)
- Unifying Original Intent and Original Public Meaning, 113 Northwestern University Law Review 1371 (2019) (with McGinnis)
- Classical Liberal Administrative Law in a Progressive World, in Handbook on Classical Liberalism (Todd Henderson ed., Cambridge University Press 2018)
- The Constitution and the Language of the Law, 59 William & Mary Law Review 1321 (2018) (with McGinnis)
- Originalism and the Good Constitution (Harvard University Press 2013) (with McGinnis)