Co-Authorial Privilege

About this Episode

We’ve been asking for a true originalist to take us to the woodshed for all our prior doubts and dismissiveness of originalism as a method of interpretation. Enter Will Baude.

This show’s links:

• William Baude’s faculty profile and writing
• About Ben Linus
• First Mondays
• Legal Theory 101 (and corresponding blog post)
• William Baude and Stephen Sachs, Originalism’s Bite
• William Baude and Stephen Sachs, The Law of Interpretation
• William Baude, Is Originalism Our Law?
• Oral Argument 113: The Entrails of Fowl (guest Charles Barzun)
• Lawrence Solum, Semantic Originalism
• Stephen Sachs, Originalism as a Theory of Legal Change
• Richard Re, Promising the Constitution
• Two debates about interpretation between Justices Breyer and Scalia: Annenberg Classroom and a joint Federalist Society and ACS event
• Richard Posner, Supreme Court Breakfast Table Entry 27: Broad Interpretations
• Radiolab Presents: More Perfect, The Political Thicket
• Mary Sarah Bilder, Madison’s Hand: Revising the Constitutional Convention; see also a conversation with Bilder at the National Constitution Center