Here are ten of my personal favorites from 2008:
Framework Originalism and the Living Constitution by Jack Balkin.
Originalism is Bunk by Mitch Berman.
The Empty Idea of Authority by Laurie Claus.
Slices and Lumps by Lee Anne Fennell
A Theory of Judicial Power and Judicial Review by David Law.
Moral Grammar and Intuitive Jurisprudence: A Formal Model of Unconscious Moral and Legal Knowledge by John Mikhail.
What is the Rule of Recognition (and Does it Exist)? by Scott J. Shapiro.
The Bogus Tale About the Legal Formalists and Understanding Legal Realism by Brian Z. Tamanaha.
The Force of Majority Rule by Adrian Vermeule.
An Originalism for Foreign Affairs? by Ingrid B. Wuerth.
And if I might be permitted, here are the papers that I posted on SSRN in 2008:
Semantic Originalism
A Reader's Guide to Semantic Originalism and a Reply to Professor Griffin
Finally, here are last year's selections.
