Amarica's Constitution Fallon's Doctrine - Special Guest Michael Dorf
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Jul 23, 2025 In this engaging discussion, Michael Dorf, a renowned legal scholar and professor at Cornell Law School, celebrates the legacy of Richard Fallon, a pivotal figure in constitutional law. They explore the contrasts between originalism and other interpretive methods, shedding light on their implications in modern legal contexts. Dorf shares anecdotes from his collaboration with Fallon, emphasizing the delicate balance between individual rights and governmental authority. This tribute beautifully melds personal reflection with profound insights into the future of constitutional interpretation.
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Constructivist Coherence Explained
- Fallon proposed constructivist coherence theory: courts align text, history, precedent, and norms to reach decisions.
- Judges massage these factors so outcomes cohere, reflecting the complex reality of judicial decision-making.
Courts Implement Legal Regimes
- Courts implement workable legal regimes instead of merely interpreting vague texts.
- Judges balance multiple doctrinal tests to maintain government accountability and legal coherence.
Fallon's Graceful Final Message
- Dick Fallon sent a terminal cancer diagnosis email a month before he died, showing grace and courage despite the circumstances.
- He carefully made sure his scholarly work was in order, reflecting his respect for his academic responsibilities.
