Legal Theory Blog: Balkin Debates Strauss on Liberaism & Originalsim

November 04, 2007

Balkin Debates Strauss on Liberaism & Originalsim

Over at the University of Chicago Faculty Blog, with cross-postings at Balkinization, there is a debate between Jack Balkin and David Strauss on the Question:

Should liberals start embracing originalism?

The link immediately above will take you to a collection of the posts in the debate. It starts this evening (Sunday).

Posted by Lawrence Solum on November 04, 2007 at 08:30 PM | Permalink

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Legal Theory Bookworm

Robert L. Tsai: America's Forgotten Constitutions: Defiant Visions of Power and Community
Dan Markel, Jennifer Collins, and Ethan Leib: Privilege or Punish: Criminal Justice and the Challenge of Family Ties
Omri Ben-Shahar & Carl E. Schneider: More Than You Wanted to Know: The Failure of Mandated Disclosure
Stuart Chinn: Recalibrating Reform: The Limits of Political Change
Margaret Martin: Judging Positivism
Michael E. Bratman: Shared Agency: A Planning Theory of Acting Together
edited by Christopher J. Peters: Precedent in the United States Supreme Court
Philip Hamburger: Is Administrative Law Unlawful?
Daniel R. Ernst: Tocqueville's Nightmare: The Administrative State Emerges in America, 1900-1940
H. Jefferson Powell: The President as Commander in Chief: An Essay in Constitutional Vision

Download of the Week

Retributive Justice and the Demands of Democratic Citizenship by Dan Markel
Interpretive Modesty by Heidi Kitrosser
The Constitution of Authority by Michael Sevel
All Assemble: Order and Disorder in Law, Politics, and Culture by Tabatha Abu El-Haj
The 'Constitution in Exile' as a Problem for Legal Theory by Stephen E. Sachs
A Psychological Account of Consent to Fine Print by Tess Wilkinson‐Ryan
Three Symmetries Between Textualist and Purposivist Theories of Statutory Interpretation—and the Irreducible Roles of Values and Judgment Within Both by Richard H. Fallon, Jr.
Group Agency and Legal Proof; or, Why the Jury is an 'It' by Michael S. Pardo
The Ordinary Meaning of Rules by Brian G. Slocum
The Constitutional Thought of Alexander Hamilton by Mortimer Newlin Stead Sellers

My Papers

Originalism and Constitutional Construction
The Interpretation-Construction Distinction in Patent Law
How NFIB v. Sebelius Affects the Constitutional Gestalt
Truth and Uncertainty: Legal Control of the Destruction of Evidence
Confucian Virtue Jurisprudence
The Interpretation-Construction Distinction
What is Originalism? The Evolution of Contemporary Originalist Theory
Narrative, Normativity, and Causation
The New Realities of the Legal Academy
Questioning Cultural Commons
Incorporation and Originalist Theory
Originalism and the Natural Born Citizen Clause
District of Columbia v. Heller and Originalism
On the Intderminacy Crisis: Critiquing Critical Dogma
A Reader's Guide to Semantic Originalism and a Reply to Professor Griffin
Models of Internet Governance
Freedom of Communicative Action
Semantic Originalism
Legal Personhood for Artificial Intelligences
Constitutional Texting
Originalism as Transformative Politics
Judicial Selection, Appointments Gridlock, and the Nuclear Option
Pluralism and Public Legal Reason
Constitutional Possibilities
Natural Justice
Public Legal Reason
Download It While Its Hot: Open Access and Legal Scholarship
Popular? Constitutionalism?
Blogging and the Transformation of Legal Scholarship
The Supreme Court in Bondage: Constitutional Stare Decisis, Legal Formalism, and the Future of Unenumerated Rights
A Tournament of Virtue
An Economic Analysis of Domain Name Policy
Congress's Power to Promote the Progress of Science: Eldred v. Ashcroft
Procedural Justice
Judicial Selection: Ideology versus Character
The Future of Copyright
The Aretaic Turn in Constitutional Theory
A Law of Rules: A Critique and Reconstruction of Justice Scalia's View of the Rule of Law
Virtue Jurisprudence: A Virtue-Centered Theory of Judging
The Layers Principle: Internet Architecture and the Law

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