The Entrails of Fowl

About this Episode

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)