Two Interesting Articles

Catching up with scholarship coverage on the Legal Theory Blog, a couple of posts in particular caught my attention. The first presents the abstract of a piece explaining the differences between "two conceptions of written constitutions that may be applied by judicial interpreters. One treats constitutional text as defining governmental powers and limitations thereon, whilst the other, more controversially, treats the text as merely illustrating broader, unwritten principles that ultimately set the scope of governmental powers." The author is Australian and compares the use of those two modes in American and Australian constitutional law.

The second new article makes an argument that summary judgment is unconstitutional under the Seventh Amendment. Haven't read it yet, but Solum (who runs the theory blog) says it's "remarkably persuasive," which means it's probably worth reading.