Scott Gerber (Ohio Northern University – Pettit College of Law) has posted Liberal Originalism: The Declaration of Independence and Constitutional Interpretation (Cleveland State Law Review, Vol. 63, No. 1, 2014) on SSRN. Here is the abstract:
This article is part of a law review symposium about "History and the Meaning of the Constitution." In the article I explain a theory of constitutional interpretation I named "liberal originalism" while I was writing my Ph.D. dissertation (later, my first book). Next, I assess the criticisms of liberal originalism, Justice Clarence Thomas's use of liberal originalism, and the reaction to Justice Thomas's liberal originalism. I conclude the article with a brief discussion of the future of liberal originalism.
Posted at 6:23 AM