prior probability

This is such a beautiful goal, and the Spanish-speaking commentators are the best.

Note: this is our third and last post reviewing Larry Solum’s new paper “Surprising Originalism.”

Thus far, we have assessed the strengths and weaknesses–both “the good” and “the bad”, so to speak–of Larry Solum’s defense of constitutional originalism. Today, however, we survey “the ugly”. Don’t get me wrong. Professor Solum’s “Surprising Originalism” is an excellent paper overall, but he commits a cardinal sin. He neglects to mention the infamous “Three Fifths Compromise” enshrined in the original Constitution [look it up!], a constitutional provision that should give all good faith originalists like Solum some pause. (To his credit, Solum addresses the constitutionally-problematic case of Brown v. Board of Education, the most famous “Living Constitution” case in U.S. history, and his arguments are actually pretty persuasive.) Continue reading →

Note: this is the second of a series of posts reviewing Larry Solum’s most recent paper “Surprising Originalism.”

As we mentioned in our previous post, we admire Larry Solum’s Lakatonian spirit–his identification and explication of the most surprising features of constitutional originalist theory. In this post, however, we will identify several problems with Professor Solum’s defense of originalism. Here we go: Continue reading →

Note: this is the first of three posts reviewing Larry Solum’s latest paper “Surprising Originalism.”

We have been catching up on our reading, including “Economic Sentiments” by Emma Rothschild; “Finding Law” by Stephen A. Sachs; and “Brief for an Inclusive Anti-Canon” by Samuel C. Rickless, among other things. Today, however, we shall begin our review of Larry Solum’s fascinating paper “Surprising Originalism,” which is based on a lecture he delivered at the University of Akron in April of this year. Our review is divided into three parts: the good, the bad, and the ugly. In this post, we address the good. Specifically, we admired the following three aspects of this paper: Continue reading →

That is the title of this fascinating 19-minute interview with Vitalik Buterin, a co-founder of Ethereum, an open-source, blockchain-based distributed computing platform and operating system. (Hat tip: Marginal Revolution.) Among other things, Mr Buterin discusses Proof of Stake and the future of Ethereum.

Sunday Funday! The Internet never ceases to amaze us. The volunteer editors of Wikipedia, for example, have compiled a complete list of official FIFA World Cup anthems and songs dating back to the 1962 World Cup tournament in Chile. Below the fold are some of our favorites:  Continue reading →

The beautiful game or the cheating game? Vox staff writer Umar Irfan offers this excellent analysis of why soccer players take dives–and why most of these fake falls and feigned injuries occur in the penalty area. In two words: cheating pays! Our position is that players who take dives–like Neymar, the notorious diver of the Brasilian National Team–should be red-carded straight away!

SCOTUS overruled another venerable precedent this week. (Will Roe v. Wade be the next to go?) The case is South Dakota v. Wayfair, Inc., a decision we hope is quickly overruled by Congress. Due to other commitments (Summer A grading), we will discuss the sordid details of the Wayfair case–and propose a bill to Congress to overrule this hideous decision–next week. In the meantime, check out Will Baude’s excellent summary, via Volokh, of this stare decisis divide.

Update (29 June 2018): I have now posted part 1 and part 2 of my analysis of the Wayfair case.