Judicial Supremacy and Nonjudicial Interpretation of the Constitution

When do, and when should, actors other than judges interpret the Constitution? Over time, this question has received attention from many prominent political leaders. In recent years, it has generated a rich yet underexposed academic debate. This Article seeks to draw attention to and further that debate. This Article has three main parts. The first is a survey of responses in academic literature to the question who interprets? The author argues that although judicial supremacy is widely embraced as a model of constitutional interpretation, other accounts raise serious challenges to its descriptive power and normative appeal. The second part of the Article advances a revised model of judicial supremacy-one which retains the judiciary as the ultimate arbiter of what the Constitution means, but fosters the interpretative capacities of nonjudicial actors, and vests their interpretations with enhanced significance. In the last part, the Author discusses several current legal issues that demonstrate the relevance and utility of the who interprets inquiry to constitutional interpretation at large

The Contagion of Constitutional Avoidance

Part of Symposium: "The Schiavo Case: A Symposium

SPRAY FOAM IN ACCESSIBLE SPACES:BEST PRACTICES AND CASE STUDIES FOR RETROFIT IN MIXED-HUMID CLIMATE

Heating and cooling the house is one of the homeowners major expenses. Reducing these costs, saving energy, and creating a healthier, more comfortable indoor environment are good reasons to consider improving the building thermal envelope. Improvements usually consider increasing the amount of insulation, reducing the infiltration of outside air, and controlling moisture in existing buildings. This report describes the use of spray foam materials to insulate, seal, and control moisture. This discussion is limited to treating areas that are accessible. What is accessible, however, can vary depending on the type of renovation. If the building has been gutted or exterior surfaces removed, there are more options. This report will look at areas to consider for spray foam application and discuss the types of spray foams available and their uses. A number of case studies are presented to show the effectiveness of this retrofit in existing houses based on performance data