Category Archives: Bayesian Reasoning

Justice Scalia’s Living Constitution

From Judge Posner’s forthright concurring opinion in the recent case of Hively v. Ivy Tech Community College, decided en banc by the U.S. Court of Appeals for the Seventh Circuit: “A diehard ‘originalist’ would argue that what was believed in 1964 defines the … Continue reading

Posted in Bayesian Reasoning, History, Law | Leave a comment

Age is just a number

Posted in Bayesian Reasoning | 4 Comments

Compare X to Y

Let’s start with X. According to Jeff McMahan, here is a detailed description of the daily routine of one great thinker: There are many anecdotes about the ways in which [X] simplified his life to take as little time as … Continue reading

Posted in Bayesian Reasoning | 1 Comment

Do we really need a supreme court? (In praise of judicial federalism: our final reply to Solum, for now.)

We will conclude our critique of public meaning originalism by posing the following judicial thought-experiment: What if we were to let the Supreme Court whither away? That is, what if the Senate simply stopped confirming any more new nominees to … Continue reading

Posted in Bayesian Reasoning, History, Law, Questions Rarely Asked | Leave a comment

The originalist problem with Brown v. Board (reply to Solum, part 4)

Note: this is the fourth in a series of five blog posts responding to Larry Solum’s defense of public meaning originalism. At some point, defenders of orginalism (like our friend and colleague Larry Solum) must contend with or explain away Brown v. … Continue reading

Posted in Bayesian Reasoning, History, Law | Leave a comment

Originalism as intellectual dishonesty? (reply to Solum, part 3)

Note: this is the third in a series of blog posts responding to Larry Solum’s defense of public meaning originalism. As we mentioned in our previous posts, Professor Larry Solum recently wrote up this statement in support of “public meaning … Continue reading

Posted in Bayesian Reasoning, History, Law | 3 Comments

Whose meaning? (reply to Solum, part 2)

Note: this is the second in a series of blog posts responding to Larry Solum’s defense of public meaning originalism. In his statement in support of Judge Gorsuch, our friend and colleague Larry Solum identifies four myths or misconceptions about … Continue reading

Posted in Bayesian Reasoning, History, Law, Philosophy, Uncategorized | 2 Comments

Larry’s fallacy

Note: this is the first in a series of five blog posts responding to Larry Solum’s defense of public meaning originalism. Our friend and colleague Larry Solum, a law professor at Georgetown, recently wrote this statement on behalf of Neil … Continue reading

Posted in Bayesian Reasoning, History, Law, Logical Fallacies, Politics | 6 Comments

The problem with so-called public meaning originalism

President Trump’s nomination of Judge Gorsuch to the Supreme Court has reignited the longstanding constitutional battle between defenders of the Living Constitution and backers of Originalism. (If this never-ending normative debate were a baseball game, it would be in the 57th … Continue reading

Posted in Academia, Bayesian Reasoning, Current Affairs, History, Law, Philosophy, Politics | 4 Comments

Spring break reading list

Here is what we are reading over our spring break: 1. Peter Thiel (with Blake Masters), Zero to one: notes on startups, or how to build the future. We teach business law and are currently writing several chapters of a … Continue reading

Posted in Academia, Bayesian Reasoning, Economics, Ethics, Law | 2 Comments