99 research outputs found
Originalism As Thin Description: An Interdisciplinary Critique
My essay was intended as a critique of originalism from the perspective of intellectual history. I pointed out that originalism lacked a rigorous empirical method for analyzing what texts meant in the past. I suppose in some sense it is flattering that Solum has devoted much of his recent article to an attack on my earlier essay. Of course, flattery aside, it would have been more useful if Solum had stated my thesis correctly. For purposes of clarity, I have juxtaposed Solum’s description of my argument with what my essay actually said. Readers will be able to judge for themselves if Solum correctly captured the original meaning of my words
The Right to Carry Firearms Outside of the Home: Separating Historical Myths from Historical Realities
The Right to Keep and Carry Arms in Anglo-American Law: Preserving Liberty and Keeping the Peace
St. George Tucker\u27s Lecture Notes, the Second Amendment, and Originalist Methodology: A Critical Comment
President Madison\u27s Living Constitution: Fixation, Liquidation, and Constitutional Politics in the Jeffersonian Era
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