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12/03/2015

Fordham Law Review Symposium: Historians Discuss New Originalism (Unfavorably)
Michael Ramsey

The December issue of the Fordham Law Review (vol. 84, no. 3) features these essays:

Foreword: Historians and the New Originalism: Contextualism, Historicism, and Constitutional Meaning, by Martin S. Flaherty

“To Assemble Together for Their Common Good”: History, Ethnography, and the Original Meanings of the Rights of Assembly and Speech, by Saul Cornell

Historicism and Holism: Failures of Originalist Translation, by Jonathan Gienapp

Outsourcing the Law: History and the Disciplinary Limits of Constitutional Reasoning, by Helen Irving

Tone Deaf to the Past: More Qualms About Public Meaning Originalism, by Jack Rakove

All the contributions look very interesting and challenging.  Congratulations to the Fordham Law Review for assembling such a great lineup.   (And, I might note, originalism continues to demonstrate its relevance by the prestigious criticism it inspires).

Thanks to Saul Cornell for the pointer.