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01/18/2017

Timothy Sandefur: Comments on Tara Smith's "Judicial Review in an Objective Legal System"
Michael Ramsey

Timothy Sandefur (Goldwater Institute) has posted Comments on Tara Smith's Judicial Review in an Objective Legal System on SSRN.  Here is the abstract:    

These comments on Tara Smith's book "Judicial Review in An Objective Legal System" [ed.: available here] were prepared for a panel at the American Philosophical Association's Ayn Rand Society. They challenge the interaction between political values and linguistic meaning in Smith's theory, asks whether objectivity does a better job than original meaning in understanding constitutional clauses like the Commerce Clause, and asks whether there is anything wrong in regarding a judge as engaged in a creative act.

There's a lot more to this paper than the abstract may suggest, as it thoughtfully explores a number of issues relating to originalism and the meaning of laws.  Very much worth a read.