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
Special Guest: William Baude.

Episode 116: Co-Authorial Privilege

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We discuss the morality of concurring and dissenting. And the usual nonsense.

Episode 217: Except as to Part I(A) Yada Yada

Joe and Christian talk about the pandemic and, then, some nonsense.

Episode 216: Mac-a-tizer

We discuss the march on the Capitol and... all this.

Episode 215: Whirlpool of Garbage

In this holiday spectacular, we talk about small claims. In particular, would a court for small copyright claims be a good or bad thing? You can probably guess what we each say. In exploring this, we consider the nature of dogs, hunters, and children.

Episode 214: Small Claims

Joe lowers the boom, and we start talking. In the 213th episode of this very serious podcast, we discuss: scams, flight simulators, flight, K2, Joe's blue cheese odyssey, olives, the nature of expertise, nihilism, and the adversary system. And other things as well.

Episode 116: Co-Authorial Privilege

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