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12 Feb 2014, 9:00 am
If the Posner-Baude debates inspire you to read one actual article, make it that one.] [read post]
10 Feb 2014, 1:28 pm by UChicagoLaw
Will Baude and Eric Posner continue their debate on orginalism, Baude on The Volokh Conspiracy and Posner on his blog. [read post]
7 Feb 2014, 12:49 pm by UChicagoLaw
On his blog, Posner clarifies an earlier post on Noel Canning in response to Will Baude and posts a graph showing the ratio of federal employees to legislative employees. [read post]
6 Feb 2014, 11:15 am by UChicagoLaw
On his blog, Eric Posner looks at Will Baude's critique of Cass Sunstein on originalism, as well as Noel Canning. [read post]
6 Feb 2014, 8:11 am
This week in our originalism class, Eric Posner and I talked about Noel Canning, the recess appointments case. [read post]
4 Feb 2014, 9:04 am by UChicagoLaw
"I have searched in vain for some time for an overall assessment of deregulation in the United States," Posner writes, "Unfortunately, if the remit of McGarity’s beloved Consumer Protection Safety Commission extended to books, this one would have to be recalled." [read post]
3 Feb 2014, 11:23 am by Randy J. Kozel
I've been following the excellent discussion of originalism by Eric Posner and Will Baude, and I was particularly interested in Will's post about the relationship between originalism and judicial precedent. [read post]
3 Feb 2014, 10:20 am by UChicagoLaw
On Law School Reports, Brian Leiter looks at the finanical crisis at Albany Law School and the finalists for dean at Berkeley; At The Volokh Conspiracy, Will Baude notes the existence of Richard Epstein University and opines on originalism and perfectionism, while Eric Posner responds to Will; and The Becker-Posner Blog tackles generational mobility and social mobility and income inequality. [read post]
3 Feb 2014, 7:47 am by Ken White
Professor Rosenbaum's argument resembles that of Anthea Butler or Eric Posner. [read post]
31 Jan 2014, 10:38 am by UChicagoLaw
On his blog, Eric Posner looks at measures of presidential power other than executive orders. [read post]
30 Jan 2014, 9:03 am by UChicagoLaw
Eric Posner discusses Brown in the context of his course on originalism. [read post]
29 Jan 2014, 6:18 am
Today in the originalism class that I am teaching (with Eric Posner) we talked about the segregation cases, Plessy v. [read post]
23 Jan 2014, 9:37 am by John Elwood
Thanks to Conor McEvily and Eric White for compiling and drafting this update. [read post]
22 Jan 2014, 5:55 am by David Bernstein
 Neverthelss, I think precedent is a bigger problem for originalism than co-blogger Will Baude acknowledges below, though for different reasons than Eric Posner discusses. [read post]
21 Jan 2014, 9:38 pm by Will Baude
  That was the subject of week three of the originalism course I am co-teaching with Eric Posner, and he has some thoughts here: If they respect it, then the original meaning will be lost as a result of erroneous or non-originalist decisions that must be obeyed. [read post]
21 Jan 2014, 4:27 am by Jon
In a recent post to his blog, "A simple (and serious) puzzle for originalists", Eric Posner states "All originalists acknowledge the “dead hand” problem, and so all agree that the normative case for originalism depends on the amendment procedure being adequate for keeping the constitution up to date." [read post]