Posts filtered by tags: Larry Solum[x]


"Lo and behold, the great philosopher’s number was listed right there, next to those of mere mortals. But who should be the one to call Rawls?"

"No one volunteered for this daunting task. So Anjan nominated me. 'You should talk to him,' he said, 'because you guys have a lot in common.' The idea that a world-famous political philosopher would have anything in common with an obscure high school sophomore struck me as ridiculous. Still, a part of me was flattered by Anjan’s suggestion that I should be the one to call Rawls. So I let him persuade me. With trembling fingers, I dialed Rawls’ number, half-hoping that he wouldn’t be home. It tu...
Tags: Law, Gambling, Time, New Orleans, Philosophy, Jack, Conversations, Rawls, John Rawls, Ilya Somin, Association of American Law Schools, Sunstein, Ann Althouse, Anjan, Solum, Larry Solum

Are oaths "absurd" or simply pathetic? Reflections of the Balkin-Green exchange

I am quite excited by the exchange between Jack and Chris Green about the meaning of the oath of fidelity to the Constitution.  This is something that has interested me for a long time.  One of the first things I discussed in my book Constitutional Faith was Barbara Jordan’s famous statement that her “faith in the Constitution is total.”  I genuinely didn’t know whether to find this inspiring or simply intellectual absurd in almost every conceivable way.  (Though one might be reminded of Tertull...
Tags: Jerusalem, United States, Judaism, Jesus, Jack, Madison, Mohammed, Branding, Great Britain, Marshall, Donald J Trump, Joint Chiefs of Staff, Malachi, James Madison, McCulloch, Mendelssohn

An Unoriginal Joke (Part II), or Why We are all Living Constitutionalists

Charles Barzun     In Part I of this post, I sought to explain the point of a joke tweet I had made in which I offered a theory of living constitutionalism as a satire.   The point was to pose a question to the new generation of originalists.   It asked, given how potentially capacious an understanding of originalism they defend, what’s at stake for them in defending it?   Why does it matter to them to prove originalism true if its substance has become so diluted? This Part puts the s...
Tags: Court, United States, Bank, University Of Virginia, Branding, Guest Blogger, John Marshall, Jack Balkin, Larry Solum, Charles Barzun, Horace W Goldsmith

The realist critique of "formalism" according to Solum

Larry Solum's Legal Theory Lexicon is a useful resource, although I don't always agree with all its entries. This one on the "realist" critique of... [Author: Brian Leiter]
Tags: Law, Brian Leiter, Larry Solum

Why Do (Some) Originalists Hate America?

Imagine a regime whose fundamental law is only to be found in ancient archives, whose mysterious contents take years to unearth, layer by layer.  Each new discovery brings about a revolution, as large bodies of established law are unexpectedly discarded and others, previously rejected, spring back into life as the scholars revise earlier conclusions.  The operations of government are in constant confusion and disarray.  And this state of affairs is likely to persist indefinitely.    ...
Tags: America, Branding, Larry, Andrew Koppelman, Larry Solum

Justice Thomas's Attack on New York Times v. Sullivan: Old Originalism in New Originalist Garb

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Tags: Justice, Supreme Court, Congress, Court, Alabama, Citizens United, New York Times, Nyt, States, White, Town, Branding, Opm, Thomas, Mark, Reed

National Conference of Constitutional Law Scholars

Inspired by Larry Solum's efforts at live blogging scholarly conferences, I am in Tucson at the inaugural meeting of the National Conference of Constitutional Law Scholars.  This is a very good idea put together jointly by Andrew Coan (Arizona), David Schwartz (Wisconsin), and Brad Snyder (Georgetown) and funded by the University of Arizona's Rehnquist Center.  The papers I mention are available (I assume) from Andrew.  It's a great conference, with an interesting mix of scholars at different st...
Tags: Party, Branding, Tucson, Shelby County, Stephen Griffin, Jamal Greene, Victoria Nourse, Aaron Tang, Deborah Pearlstein, Larry Solum, Aziz Huq, Evan Zoldan, National Conference of Constitutional Law Scholars, National Conference of Constitutional Law, Andrew Coan Arizona David Schwartz Wisconsin, Brad Snyder Georgetown

Some Legal Realism About Legal Theory

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Tags: Branding, Cambria, Will Baude, Baude, Barzun, David Pozen, Larry Solum, University of Chicago Law Review, Jeremy Kessler, Charles Barzun

The Framers’ Coup as a Challenge for Originalism

James Fox For the Symposium on Michael Klarman, The Framers' Coup: The Making of the United States Constitution. The Framers’ Coupis destined to become a leading work on the creation of the Constitution.   Its scope, care, and balance are remarkable. It will take quite a bit of time, and many footnoted pages, before scholars come close to full digesting Michael Klarman’s latest book. What I want to do here is explore what I see as two possible consequences of The Framers’ Coup for how we ...
Tags: Supreme Court, Congress, America, United States, Madison, Branding, Guest Blogger, Calibri, Frederick Douglass, Klarman, James Fox, Reconstruction Amendments, Stetson University College of Law, Michael Klarman, Larry Solum, Mary Bilder