The USD School of Law faculty publishes regularly in some of the nation's top academic journals. Check out featured scholarship from some of the most distinguished scholars in their respective fields.
Rappaport, Michael
Books
- Originalism and the Good Constitution (Harvard University Press 2013) (with McGinnis)
Journal Articles
- What Is Original Public Meaning?, 76 Alabama Law Review 76 (2024) (with McGinnis)
- An Originalist Approach to Prospective Overruling, 99 Notre Dame Law Review 425 (2023) (with John O. McGinnis)
- Chevron and Originalism: Why Chevron Deference Cannot Be Grounded in the Original Meaning of the Administrative Procedure Act, 57 Wake Forest Law Review 1281 (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)
- The Constitution and the Language of the Law, 59 William & Mary Law Review 1321 (2018) (with McGinnis)
- Is Proportionality Analysis Consistent with Originalism?, 31 Diritto Pubblico Comparato Ed Europeo 3 (2017)
- Why Nonoriginalism Does Not Justify Departing from the Original Meaning of the Recess Appointments Clause, 38 Harvard Journal of Law & Public Policy 889 (2015)
- The Classical Liberal Constitution: An Originalist Assessment, 8 NYU Journal of Law & Liberty 800 (2014)
- Originalism and the Colorblind Constitution, 89 Notre Dame Law Review 71 (2013)
- The Abstract Meaning Fallacy, 2012 University of Illinois Law Review 737 (2012) (with McGinnis)
- The Constitutionality of a Limited Convention: An Originalist Analysis, 28 Constitutional Commentary 53 (2012)
- Originalism and Precedent, 34 Harvard Journal of Law and Public Policy 121 (2011) (with McGinnis)
- In Praise of Supreme Court Filibusters, 33 Harvard Journal of Law and Public Policy 39 (2010) (with McGinnis)
- Originalism and the Good Constitution, 98 Georgetown Law Journal 1693 (2010) (with McGinnis)
- Reforming Article V: The Problems Created by the National Convention Amendment Method And How To Fix Them, 96 Virginia Law Review 1509 (2010)
- The Obama Administration, Fundamental Institutional Change, and The Constitutional Lawmaking System, 26 Constitutional Commentary 215 (2010)
- Original Methods Originalism: A New Theory of Interpretation and the Case Against Construction, 103 Northwestern University Law Review 751 (2009) (with McGinnis)
- Reconciling Originalism and Precedent, 103 Northwestern University Law Review 803 (2009) (with McGinnis)
- Originalism and Regulatory Takings: Why the Fifth Amendment May Not Protect Against Regulatory Takings, But the Fourteenth Amendment May, 45 San Diego Law Review 729 (2008)
- The Condorcet Case for Supermajority Rules, 16 Supreme Court Economic Review 67 (2008) (with McGinnis)
- A Pragmatic Defense of Originalism, 101 Northwestern University Law Review Colloquy 383 (2007) (with McGinnis)
- Majority and Supermajority: Three Views of the Capitol, 85 Texas Law Review 1115 (2007) (with McGinnis)
- Original Interpretive Principles as the Core of Originalism, 24 Constitutional Commentary 371 (2007) (with McGinnis)
- Originalism and Supermajoritanism: Defending the Nexus, 101 Northwestern University Law Review 1919 (2007) (with McGinnis)
- The Unconstitutionality of 'Signing and Not Enforcing', 16 William & Mary Bill of Rights Journal 113 (2007)
- Supermajority Rules and the Judicial Confirmation Process, 26 Cardozo Law Review 543 (2005) (with McGinnis)
- The Judicial Filibuster, the Median Senator, and the Countermajoritarian Difficulty, 2005 Supreme Court Review 257 (2005) (with McGinnis)
- The Original Meaning of the Recess Appointments Clause, 52 UCLA Law Review 1487 (2005)
- It's the O'Connor Court: A Brief Discussion of Some Critiques of the Rehnquist Court and their Implications for Administrative Law, 99 Northwestern University Law Review 369 (2004)
- Symmetric Entrenchment: A Constitutional and Normative Theory, 89 Virginia Law Review 385 (2003) (with McGinnis)
- Our Supermajoritarian Constitution, 80 Texas Law Review 703 (2002) (with McGinnis)
- The Selective Nondelegation Doctrine and the Line Item Veto: A New Approach to the Nondelegation Doctrine and Its Implications for Clinton v. City of New York, 76 Tulane Law Review 265 (2001)
- Replacing Independent Counsels with Congressional Investigations, 148 University of Pennsylvania Law Review 1595 (2000)
- Reconciling Textualism and Federalism: The Proper Textual Basis of the Supreme Court's 10th and 11th Amendment Decisions, 93 Northwestern University Law Review 819 (1999)
- Still a Solution: In Further Support of Spending Supermajority Rules, 40 William & Mary Law Review 527 (1999) (with McGinnis)
- Supermajority Rules as a Constitutional Solution, 40 William & Mary Law Review 365 (1999) (with McGinnis)
- Amending the Constitution to Establish Financial Supermajority Rules, 13 Journal of Law and Politics 705 (1997)
- The Rights of Legislators and the Wrongs of Interpretation: A Further Defense of the Constitutionality of Legislative Supermajority Rules, 47 Duke Law Journal 327 (1997) (with McGinnis)
- Veto Burdens and the Line Item Veto Act, 91 Northwestern University Law Review 771 (1997)
- Insurance Law and the Ambiguity Rule: Why Insurance Contracts Should Not Be Construed Against the Drafter, 30 Georgia Law Review 171 (1995)
- The Constitutionality of Legislative Supermajority Rules, 105 Yale Law Journal 483 (1995) (with McGinnis)
- The President's Veto and the Constitution, 87 Northwestern University Law Review 735 (1993)
- The Private Provision of Unemployment Insurance, 1992 Wisconsin Law Review 61 (1992)
- A Procedural Approach to the Contract Clause, 93 Yale Law Journal 918 (1984)
Chapters of Books or Articles within Books
- 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)
- Classical Liberal Administrative Law in a Progressive World, in Handbook on Classical Liberalism (Todd Henderson ed., Cambridge University Press 2018)
Other Print and Electronic Media
- A Legal Historian Takes Issue with Originalism, The Daily Transcript (2017)
- President Trump and the Foreign Emoluments Clause, The Daily Transcript (2017)
- Do Liberals Want Conservative Nonoriginalists?, Law & Liberty (2017)
- Let's Amend the Constitution to Prohibit Lame-Duck Pardons, Law & Liberty (2017)
- North Korea and the Qaddafi Double Cross, Law & Liberty (2017)
- How to End the Government Shutdown Option, The Wall Street Journal (2014) (with McGinnis)
- David Souter's Bad Constitutional History, The Wall Street Journal (2010) (with McGinnis)
- Confirming Judges: The Constitutional Option, San Diego Union-Tribune (2005) (with McGinnis)
- Hey, Big Spenders: Here's a Law That Could Stop You!, The Wall Street Journal (2004) (with McGinnis)
- House Rules: Is a Supermajority Requirement for Tax Hikes Constitutional?, ABA Journal (1997) (with McGinnis & Bloch)
- Solving the Problem of Third Parties, San Diego Union-Tribune (1996)
- Origins of the Unemployment Insurance Mess, The Wall Street Journal (1991)