Oral Argument

Episode 113: The Entrails of Fowl


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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)
  • Special Guest: Charles Barzun.

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    Oral ArgumentBy Joe Miller and Christian Turner

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