Professor Lawrence Solum refutes four myths about originalism.
Another law professor reveals himself to be ignorant of modern originalist methodology.
Trump gets more emoluments, in the form of another stack of valuable trademarks, from the Chinese government.
"What would a 'living Constitution' approach from the right, based less on logic than experience, look like?"
Law professors need to keep up with legal theory and practice or they will end up attacking a straw man.
What should an originalist judge do when original meaning isn't enough to decide the case?
The court's ruling on Trump's immigration executive order uses statements made before an official even took office to interpret -- and limit -- his official acts.
The problem with judging originalism by its consequences, as Cass Sunstein would have us do
Famed legal scholar Cass Sunstein argues that consistent application of originalism would lead to outrageous results. But the same could easily be said of living constitutionalism.
Since universities aren’t going to act on their own to do justice, the initiative must come from elsewhere.