Category Archives: History

The Empirical Economics Debate

In the 1930s and 1940s, academic economists were engaged in the so-called “socialist calculation debate,” a theoretical quarrel that was not fully resolved until the fall of the Berlin Wall in 1989. (Until then, some economists seriously believed that a … Continue reading

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Starve the beast: let’s just repeal the 16th Amendment

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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

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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

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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

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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

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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