Is originalism required by our law? We chat with Charles Barzun about his critique of the inclusive originalists, the new movement to claim that an originalist interpretive method is not only a good choice among possible methods but is the method which is mandated by a positivist approach to our law.
This show’s links:
- Charles Barzun’s faculty profile and writing
- Charles Barzun, The Positive U-Turn
- William Baude and Stephen Sachs, The Law of Interpretation
- William Baude, Is Originalism Our Law?
- Oral Argument 98: T3 Jedi (guests Jeremy Kessler and David Pozen)
- Scott Shapiro, Legality (Amazon and Google Books)
- Brown v. Board of Education; Jack Balkin and Bruce Ackerman (eds.), What Brown v. Board of Education Should Have Said
- Charles Barzun, Inside/Out: Beyond the Internal/External Distinction in Legal Scholarship
- Oral Argument 77: Jackasses Are People Too (guest Adam Kolber)