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04/11/2018

Lawrence Solum's "Surprising Originalism"
Michael Ramsey

Lawrence Solum delivered the 2018 Regula Lecture at the University of Akron School of Law, titled "Surprising Originalism."  Here is a description of the lecture (via Legal Theory Blog):

Many judges, lawyers, legal scholars, and law students assume that they already know everything that is important about "originalism."  But they may be in for some surprises.  The nature of originalism itself has changed.  Even law professors may not know that the doctrine of "original intent" was abandoned by almost all originalists more than thirty years ago.  Another common assumption about originalism is that it inevitably leads to "conservative" results, perhaps because it is part of a right-wing ideology.  Surprisingly, originalism frequently produces results that are progressive on topics where the dominant living-constitutionalist approach has produced outcomes that are frequently associated with conservatism.  "Surprising Originalism" is about the ways in which contemporary originalist constitutional theory diverges from widely held preconceptions.

And here is video of the lecture (via Jeff Lipshaw at TaxProf Blog, who has comments: The Rule Of Law Is Not A Rule Of Law: Thoughts on Solum and Meyer [also commenting on Linda Meyer's essay Sisyphus and the Clockmaker: Two Views of the Rule of Law in Keally McBride's 'Mr. Mothercountry: The Man Who Made the Rule of Law.']).