Sherif Girgis, a Notre Dame law professor and expert on originalism, joins the discussion to unpack his latest findings on legal interpretations. They dive into Alexandria Ocasio-Cortez’s remarks on international law and the complexities of Israel's military tactics, particularly regarding the ethical implications of cyber warfare. Girgis critiques the inadequacies of traditional judicial approaches while exploring the role of judges in constitutional interpretation. The conversation also touches on recent controversies at Princeton, highlighting challenges in navigating institutional policies.
The podcast discusses the implications of Rep. Alexandria Ocasio-Cortez's confusion over international law in the context of Israel's military actions.
Liquidation in constitutional law is framed as a process where legal meanings solidify through consistent practices despite textual ambiguity.
The legal dimensions of Israel's sophisticated military strategy against Hezbollah highlight challenges regarding necessity, distinction, and proportionality in warfare.
Deep dives
The Role of Shopify in Business Success
Numerous well-known brands, including Mattel, Banana Republic, ButcherBox, and Glossier, have leveraged Shopify as their primary e-commerce platform. The platform is recognized for its innovative features and high conversion rates during the checkout process. Shopify's capabilities enable businesses to streamline operations and enhance customer experience, making it a powerful tool in the competitive online marketplace. This trend highlights the growing reliance on well-designed e-commerce systems to drive sales and customer engagement.
Understanding Liquidation in Constitutional Practice
Liquidation refers to the process where constitutional meanings develop and become settled through practice, as articulated by James Madison. This concept requires textual indeterminacy, a consistent course of deliberate practice, and a resulting constitutional settlement. The idea is that when certain practices are followed consistently over time, they gain legitimacy, especially when there is a lack of significant dissent. This process allows for a pragmatic approach to constitutional interpretation, acknowledging the Constitution's evolving application in societal contexts.
Israel's Targeted Strategy Against Hezbollah
Israel conducted a sophisticated military operation against Hezbollah by targeting their communication systems, including fabricated devices that misled the group into believing they were safe. This strategy involved destroying pagers, leading to increased reliance on walkie-talkies, which were targeted next, resulting in the deaths of key Hezbollah leaders. Discussions regarding the legality of these actions in international law centered on the principles of necessity, distinction, and proportionality. The operation exhibited a high degree of precision and planning, indicating a significant advancement in modern warfare tactics.
The Complexities of Originalism and Its Application
The podcast featured an exploration of originalism, particularly its limitations and the evolving interpretations among current justices. Originalism seeks to interpret the Constitution based on its original meaning but often encounters vagueness or ambiguity in practical application. This has led to the emergence of supplementary methods that consider historical practices and political traditions alongside original texts. Debates around the effectiveness and consistency of these approaches reflect a broader tension in constitutional interpretation today.
Miscommunication and University Policy on Speaker Events
The incident at Princeton involving a canceled event due to misapplied policies has highlighted significant challenges in university protocols regarding external speakers. Confusion over what constitutes a co-sponsored event led to a misunderstanding that ultimately resulted in the event being held off-campus. University officials acknowledged that the policies could be clearer and expressed regret over the miscommunication. This episode underscores the complexities and potential pitfalls of university regulations governing free speech and the hosting of external guests.
Notre Dame law professor Sherif Girgis joins Sarah and David to discuss his latest law review article, “Originalism’s Age of Ironies.” But first, the two respond to Rep. Alexandria Ocasio-Cortez’s confusion over international law.
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