In part, the talk builds on observations about divides within originalism that I made much more briefly >1 yr ago (papers.ssrn.com/sol3/papers....), which in turn reflect broader trends in formalism that the great Jeff Pojanowski traced out here - papers.ssrn.com/sol3/papers.... (3/3)
Posting a talk I was thrilled to give as 2025 Dunwody Lecture @uflaw.bsky.social Thanks to Dean McAlister and the Law Review for hosting & to editors + colleagues, esp. panelists before the lecture, for great comments!
@jedshug.bsky.social @jacobdcharles.bsky.social et al. (1/3)
Please help me get the word out about the new websites for Legal Theory Blog and the Legal Theory Lexicon. Reposting here and on other social media sites is great. It would be especially helpful if law school faculty members could send an email to their colleagues with the new addresses.
This is fantastic. Highly recommended.
And read @jackbalkin.bsky.social's book! www.amazon.com/Memory-Autho...
4th & finally, while Balkin thinks that more typical originalists' attempts to tighten uses of history are too optimistic, the charge may cut against Balkin's own deep vision of how constitutions work--of how they could help a society negotiate its moral divides.
... deeper still?! ...
...going deeper ...
3rd, Balkin's disagreements with more typical originalists reflect a beneath-the-surface clash over the question of why *have* a constitution at all...
2nd, Balkin’s account makes it harder for him to justify judicial review than it is for almost anyone else—whether more typical originalists on the one hand, or living constitutionalists on the other (pp. 2006-07)
1st, A theory of history’s proper uses in constitutional interp. should have a robust theory of history's *abuses,* too, but Jack Balkin’s may not
E.g., Balkin’s limits on history’s uses may be loose enough to make his own constitutional arguments too easy to refute (pp. 2004-05)
New piece in Penn Law Review - “The Abuses of History in Constitutional Interpretation” - on @jackbalkin.bsky.social's
(characteristically engaging) new book.
The piece is short, esp. for me! Still, I read my own piece so that you wouldn't have to. The short version, in 4 strokes...
Dick's unbelievable generosity at the toughest imaginable moment is on display in his last email to @dorfonlaw.bsky.social (and me), which Mike included:
. @dorfonlaw.bsky.social
Beautiful tribute to Dick Fallon from Mike Dorf. I was one of the many, many beneficiaries of Dick's generosity, and was honored and excited to work w/him & Mike when they asked me to join their con law casebook after Fred Schauer passed. A huge personal and professional loss.
Oh dear. RIP to one of the great ones, as a scholar and as a person.
What the conservative job-seeker needs to do...plus the limits of desirable diversity. 8/9
So what to do? And what *not* to do... 7/9
How the friendship forged through debate doubles back to promote sharper thinking, but in the most pleasant way... 6/9
How personal friendship can be forged, not just despite, but *through,* disagreement... 5/9
Another aim for diversity--civic friendship--helps us decide which *kinds* of diversity matter. (A deeper sort of friendship is also at stake, stay tuned!) 4/9
One intellectual fruit of diversity (deeper than just hearing people voice conclusions you reject)... 3/9
Law schools should feel free to be ideological (openly), and that could actually bear intellectual fruit! But... 2/9 papers.ssrn.com/sol3/papers....
I gave a talk (in 2013) about when/why academics should & shouldn't care about intellectual diversity. More personal than my usual fare (& the most readable thing I've written--not saying that's a high bar)... 1/9
x.com/JoyceCarolOa...
Thank you, @lsolum.bsky.social ! lsolum.typepad.com/legaltheory/...
New article! (link below)
