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4 Mar 2014, 10:21 am
Sullivan fifty years later; Will Baude posts his latest discussion with Eric Posner on originalism; Richard Epstein weighs in on the executive branch's dealings with Fannie Mae and Freddie Mac; and Richard Posner and Gary Becker discuss ending the embargo on Cuba. [read post]
4 Mar 2014, 8:00 am
A while ago, I posted about the en banc oral argument in a Ninth Circuit case called U.S. v. [read post]
3 Mar 2014, 10:00 am
Eric Posner responds to my post on sense/reference and accounting for change. [read post]
1 Mar 2014, 1:19 pm
Related articles [Will Baude] Jeremy Waldron, on the purpose of constitutional law Jeremy Waldron: Never Mind the Constitution Michael Ramsey [read post]
28 Feb 2014, 12:14 pm
Eric Posner looks at "a very good book, which milks insights out of two dead-ish fields–torts and contracts" while Will Baude examines "a book review of Louis Seidman’s recent book on constitutional disobedience." [read post]
28 Feb 2014, 6:30 am
I just read a characteristically excellent piece by Professor Jeremy Waldron, which is a book review of Louis Seidman’s recent book on constitutional disobedience, but it is easy to read as a standalone piece. [read post]
27 Feb 2014, 11:36 am
Eric Posner and Will Baude give their thoughts on the 8th session of their class on originalism. [read post]
27 Feb 2014, 6:21 am
Writing for this blog, Will Baude analyzes Tuesday’s decision in the personal jurisdiction case Walden v. [read post]
27 Feb 2014, 4:40 am
This week in the penultimate session of the originalism class that I co-teach with Eric Posner, we discussed a set of readings labeled “accounting for change” — Larry Lessig on translation and fidelity, Chris Green on sense and reference, and the opening chapter of Jack Balkin’s book on Living Originalism. [read post]
26 Feb 2014, 8:58 pm
Over at SCOTUSBlog, I have a recap of the Supreme Court’s opinion Tuesday in Walden v. [read post]
26 Feb 2014, 5:30 am
Getting into government is probably trickier than in the past. [read post]
25 Feb 2014, 9:57 am
Will Baude is impressed by a paper on originalism and interracial marriage and notes a response to his originalism debate with Eric Posner; Posner himself responds to a paper arguing thatapplying cost-benefit analysis to financial regulation is a mistake; and Brian Leiter discusses the NLJ 250 rankings and notes the passing of Cornell's Theodore Eisenberg. [read post]
25 Feb 2014, 5:39 am
I’ll have the next post for week eight of our originalism class later (class is today), but for now I wanted to mention a post from Mike Ramsey, responding to last week’s posts (mine, Eric’s) on alternatives to originalism. [read post]
24 Feb 2014, 1:30 pm
I spent the weekend at the Originalism Works-in-Progress Conference at the University of San Diego Law School — an incredibly productive and interesting conference. [read post]
20 Feb 2014, 2:57 pm
A group of Harvard law professors surveyed attorneys from 11 big law firms to ask them what courses students at Harvard ought to take. [read post]
20 Feb 2014, 9:20 am
Continuing the discussion of their class on originalism, Eric Posner and Will Baude weigh in on work by Bruce Ackerman, David Strauss, and Jeremy Waldron. [read post]
20 Feb 2014, 6:45 am
I just got the reprints for my Windsor article in the mail. [read post]
19 Feb 2014, 7:08 pm
To continue my occasional side comments on Will Baude’s originalism posts, my view (and what I tell my students) is that in practice the choice in interpreting the Constitution, at least when it comes to Supreme Court decisions, is not really “originalism versus non-originalism” but “how much weight do we give orignalism? [read post]
19 Feb 2014, 3:57 pm
Alas, this may be a boring week for those of you who are still reading my posts about the originalism class that Eric and I are co-teaching this quarter. [read post]
19 Feb 2014, 6:42 am
A while ago, over at our old site, I posted about a technical but important question at the intersection of constitutional law and criminal procedure: when some fact is necessary in order for a federal criminal statute to be constitutional (sometimes called, a “jurisdictional fact”), does the government have to prove it, and to whom? [read post]
