April 03, 2016

At Legal Theory Blog, Larry Solum graphs the usage of "originalism" versus "living constitution."  He observes:

Since the word "originalism" was coined in 1980 by Paul Brest, it is not surprising that "originalism" takes off in the early 1980s.  Despite the conventional wisdom that "originalism is dead" in the mid-1980s, the use of the phrase continued to grow until a slight dip in the late 90s, followed by rapid growth after the turn of the century.

SOMEWHAT RELATED:  In a separate post, Professor Solum comments (sharply) on this paper criticizing originalism by Eric Segall, noting "[t]his essay contains three misinterpretations or misstatements regarding my views." 

Posted at 6:16 AM