Category Archives: Law

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

How much is Tom Brady’s jersey really worth?

Half a mil or $119.99? That is, should the value of Tom Brady’s stolen Super Bowl LI jersey be its replacement value, i.e. what it would cost his team to buy him a new #12 jersey ($119.99, plus tax, according to the … Continue reading

Posted in Current Affairs, Economics, Law, Probability | Leave a comment

Class No. 10 (Facebook, Inc.)

“It wasn’t about two kids in a dorm room anymore.” –Ben Mezrich, The Accidental Billionaires, Ch. 25. When an entrepreneur starts a new venture, like Mark Zuckerberg did when he launched “thefacebook” at Harvard in the spring of 2004, he … Continue reading

Posted in Ethics, Law | Leave a comment

Markets and morality (final post, for now)

Note: This is the last installment of our series of blog posts reviewing Nathan B. Oman’s new book The Dignity of Commerce. Nate Oman concludes his beautiful book on The Dignity of the Commerce by drawing a fundamental distinction between … Continue reading

Posted in Economics, Ethics, Law | Leave a comment

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

Exit, voice, and boilerplate

Note: This is the fifth of six blog posts on Nate Oman’s new book The Dignity of Commerce: Markets and the Moral Foundation of Contract Law. Now that we have surveyed Professor Oman’s chapter on contract remedies (see our 3/21 … Continue reading

Posted in Economics, Ethics, Law, Literature | Leave a comment

Self-correcting contracts?

Note: This is the fourth of six blog posts in which we review Nate Oman’s new book The Dignity of Commerce: Markets and the Moral Foundation of Contract Law. After tackling the legal doctrine of consideration in Chapter 5 (see … Continue reading

Posted in Economics, Ethics, Law, Literature, Philosophy | 1 Comment