Charlie Capps @charlesfcapps
associate prof of law @ASUCollegeOfLaw; teach & write on jurisprudence, crim law & con law; dad x4 Phoenix, AZ Joined April 2024-
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@RebeiroBradley Thank you, Brad! Comments and criticisms welcome if/when you get around to taking a look.
New paper draft: papers.ssrn.com/sol3/papers.cf…. Write me with what I got wrong--there's plenty of time to revise before February submissions!
Great paper; congrats to @NinaVarsava and @BWatson_theory. Read it here: scholarlycommons.law.northwestern.edu/nulr/vol121/is…
Thrilled to see this published! I really enjoyed working on this project and learned a lot from researching it. Thanks to the editors at @NwULRev for their work in bringing the article to print.
@NinaVarsava @BWatson_theory @sherifgirgis @JG_law To be fair to Emad, he has an argument from the pragmatics of directives that what the framers should have done in these provisions IS (more or less) what they did. (My objection is that this argument should have taken center stage.) If he's right, maybe we don't need to choose!
originalismblog.com/atiq-constitut… Thoughts on an interesting new essay by Emad Atiq on the allocation of authority to determine the extension of constitutional rights. @NinaVarsava @BWatson_theory @sherifgirgis @JG_law
@NinaVarsava @BWatson_theory @sherifgirgis @JG_law I agree; it's a great paper!
A very preliminary inquiry
Outstanding hire hls.harvard.edu/today/sherif-g…. Congratulations to @sherifgirgis and even more to @Harvard_Law!
Thrilled to see this published! I really enjoyed working on this project and learned a lot from researching it. Thanks to the editors at @NwULRev for their work in bringing the article to print.
You can find the current draft of Atiq's essay here: papers.ssrn.com/sol3/papers.cf…. @lsolum awarded it "download of the week," a good sign that it's worth your time! legaltheoryblog.com/2026/09/19/dow…
NEW PAPER: Now up on @SSRN, my and @danielledonfro's "Constitutional Rights and General Private Law," forthcoming in @HarvLRev. Check it out! papers.ssrn.com/sol3/papers.cf…
@LeroyTheElk @TradVat2 @joeljohnson13 @SMULawReview Good point; Caleb Nelson makes it too. Like @joeljohnson13, I prefer your terminology but fear that "substantive" and "linguistic" have become the conventional labels for what you more accurately call "normative" and "descriptive."
Jeremy Christiansen @TradVat2 with a third take on substantive canons
Substantive canons are all the rage.@joeljohnson13 says they are "legality" canons. @charlesfcapps says they aren't real. For a classical defense of substantive canons, read my forthcoming article in the @SMULawReview. Long live the substantive canons! papers.ssrn.com/sol3/papers.cf…
Speaking of substantive canons, @joeljohnson13 has proposed a new theory--check it out!
Vanderbilt Law Review (@VandLRev) will be publishing my latest, “Legality Canons.” It argues for a new way to understand many of the so-called substantive canons that the Supreme Court now employs. 🔗 👇🏻
I added a discussion of the Barrett-Gorsuch Learning Resources debate (and why Justice Barrett is right) to the latest draft of "Are There Any Substantive Canons of Interpretation?" Comments/objections welcome. papers.ssrn.com/sol3/papers.cf…
Thanks @ChadSquitieri for the opportunity; I enjoyed our conversation!
Thanks so much to @charlesfcapps for joining me on the Separation of Powers podcast! In this episode, we discuss his terrific work on substantive canons of interpretation. podcasts.apple.com/us/podcast/the…
@CassSunstein has posted a draft of his response to my forthcoming @NotreDameLRev article "What Interpretation Just Is and Why It Matters." Stay tuned for my reply! Our exchange will appear in the @NotreDameLRev Reflection.
New Paper: Interpretation Is Many Things. (Forthcoming, Notre Dame Law Review Reflection.) @lsolum @WilliamBaude @songsungbluemov papers.ssrn.com/sol3/papers.cf…
🌵CfP for the best constitutional law conference of the year is now officially out! Please circulate widely and consider joining us in lovely Tucson On March 12-13, 2027. More details about how to apply/register here: myemail.constantcontact.com/National-Confe…
@lsolum Still hot when I downloaded it
Some thoughts on analogies in constitutional adjudication: originalismblog.com/cass-sunstein-…. Prompted by @CassSunstein's very interesting new essay "On Not Being Trapped in Amber."
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