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22 Jan 2014, 5:55 am
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
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
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]
16 Jan 2014, 7:21 am
Thanks to Conor McEvily and Eric White for compiling and drafting this update. [read post]
14 Jan 2014, 6:07 pm
(Will Baude) Today was the second day of Originalism and its Critics, which I’m co-teaching with Eric Posner. [read post]
13 Jan 2014, 6:06 am
Other coverage of the case comes from NPR’s Nina Totenberg, Carl Hulse of The New York Times, who describes the case as having a “remarkable number of twists, turns and role reversals, even for a convoluted Washington brawl,” while in Slate Eric Posner argues that “the case illustrates once again the folly of” originalism. [read post]
9 Jan 2014, 2:07 pm
(Will Baude) Professors Rappaport and Ramsey both have posts up on the Originalism Blog reacting to our originalism course (and Eric Posner’s posts about it). [read post]
8 Jan 2014, 8:43 am
(Will Baude) Eric Posner has posted a few comments on our first class on originalism, including his thoughts on Heller: It seems to me that the text of the Second Amendment suggests that the right to bear arms is tied to serving in a militia, though not unambiguously, and that the exhaustive historical research discussed by the Court does not resolve the ambiguity one way or the other. [read post]
6 Jan 2014, 3:02 am
Eric Posner, The Pomposity/Quality Relationship in Legal Scholarship: Eric sent me the underlying data. [read post]
4 Jan 2014, 10:37 am
Eric Posner's (Chicago) new blog discusses a quick empirical study that was bound to quickly garner attention (certainly here). [read post]
4 Jan 2014, 7:00 am
Jack pointed out Eric Posner’s new blog that may have some relevance to Lawfare readers. [read post]
4 Jan 2014, 3:19 am
Literally not on the chart -- the chart Eric Posner did to map the social value of types of legal scholarship against the pomposity of that branch of scholarship. [read post]
3 Jan 2014, 8:13 pm
Via Dan Markel, I see that Eric Posner has gone all independent on us by starting up a solo blog. [read post]
3 Jan 2014, 12:17 pm
(Will Baude) My new colleague Eric Posner has a post on his new blog about a class that we will be teaching together this quarter, Originalism and its Critics: I have long been skeptical of originalism, and my interest in it is more sociological than intellectual. [read post]
3 Jan 2014, 11:43 am
Speaking of Eric Posner's Pomponsity/Quality Relationship, I am happy to see that Civ Pro is in the bottom right quadrant--very low on pomposity, relatively high on social value. [read post]
3 Jan 2014, 6:06 am
Also, Eric Posner is now officially unhinged-- he is doing some awesome blogging over at his new website, Ericposner.com. [read post]
2 Jan 2014, 11:30 am
The Social Value of Legal Scholarship: An Empirical Study http://t.co/nj21Qd8WSV— Eric Posner (@EricAPosner) January 2, 2014 [read post]
30 Dec 2013, 10:34 pm
(Orin Kerr) Former VC blogger Eric Posner has started a new blog, at EricPosner.com. [read post]
30 Dec 2013, 1:23 pm
Eric Posner has a new blog, and some of the issues on it will be of interest to Lawfare readers. [read post]
18 Dec 2013, 6:00 pm
Eric Posner, a professor at the University of Chicago, for example, argues that we should only curtail such spying on foreign citizens—and even on friendly foreign leaders—if their countries can "offer us something in return for that protection." [read post]