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01/13/2022

The Year in Review: Originalism Articles of 2021 (Part 3)
Michael Ramsey

My final post in this series is entirely subjective: I picked 22 originalism-oriented articles from 2021 (that weren't on my other 2 lists, see here and here), that were featured on the Originalism Blog, and that I thought were especially interesting.  (Here is my similar post from last year.) But probably I forgot some.  Here they are:

Gregory Ablavsky (Stanford), Getting Public Rights Wrong: The Lost History of the Private Land Claims

Jud Campbell (Richmond), The Emergence of Neutrality

Christine Kexel Chabot (Loyola Chicago), Interring the Unitary Executive

Saul Cornell (Fordham), The Right to Regulate Arms in the Era of the Fourteenth Amendment: The Emergence of Good Cause Permit Schemes in Post-Civil War America

James Fox (Stetson), The Constitution of Black Abolitionism: Re-Framing the Second Founding

Josh Hammer (Edmund Burke Foundation; Newsweek), Common Good Originalism: Our Tradition and Our Path Forward 

Jean Galbraith, The Runaway Presidential Power over Diplomacy

Anita Krishnakumar (Georgetown), Statutory History

Kurt Lash (Richmond), Re-Speaking the Bill of Rights: A New Doctrine of Incorporation 

Kurt Lash (Richmond), The 1791 Amendments as the 'Bill of Rights,' Founding to Reconstruction (A Response to Revisionists)

Gary Lawson (Boston University) & Guy Seidman (Interdisciplinary Center (IDC) Herzliyah - Radzyner School of Law), Are People in Federal Territories Part of “We the People of the United States”?

Thomas H. Lee (Fordham), Article IX, Article III, and the First Congress: The Original Constitutional Plan for the Federal Courts, 1787 – 1792 

Ethan Leib (Fordham), Are the Federal Rules of Evidence Unconstitutional? 

Michael Mannheimer (Northern Kentucky), Fugitives from Slavery and the Lost History of the Fourth Amendment

James Pfander (Northwestern) & Andrew Borrasso (J.D. Northwestern '20), Public Rights and Article III: Judicial Oversight of Agency Action

James Pfander (Northwestern) & Elena Joffroy (J.D., Northwestern '20), Equal Footing and the States "Now Existing": Slavery and State Equality Over Time

Elizabeth Pollman (Penn), Corporate Personhood and Limited Sovereignty 

Saikrishna Prakash (Virginia) & William Hall (Virginia JD ’19), The Constitution’s First Declared War: The Northwestern Confederacy War of 1790-95

David Schwartz (Wisconsin) & John Mikhail (Georgetown), The Other Madison Problem

Holden Tanner (Yale J.D. ‘21), Constitutional Norms in Originalist Adjudication 

Franita Tolson (USC), 'In Whom is the Right of Suffrage?': The Reconstruction Acts as Sources of Constitutional Meaning 

Lael Weis (Melbourne), Originalism and Constitutional Amendment