The December issue of the Fordham Law Review (vol. 84, no. 3) features these essays:
Foreword: Historians and the New Originalism: Contextualism, Historicism, and Constitutional Meaning, by Martin S. Flaherty
“To Assemble Together for Their Common Good”: History, Ethnography, and the Original Meanings of the Rights of Assembly and Speech, by Saul Cornell
Historicism and Holism: Failures of Originalist Translation, by Jonathan Gienapp
Outsourcing the Law: History and the Disciplinary Limits of Constitutional Reasoning, by Helen Irving
Tone Deaf to the Past: More Qualms About Public Meaning Originalism, by Jack Rakove
All the contributions look very interesting and challenging. Congratulations to the Fordham Law Review for assembling such a great lineup. (And, I might note, originalism continues to demonstrate its relevance by the prestigious criticism it inspires).
Thanks to Saul Cornell for the pointer.
Posted at 6:15 AM