Timothy Sandefur (Goldwater Institute) has posted Comments on Tara Smith's Judicial Review in an Objective Legal System on SSRN. Here is the abstract:
These comments on Tara Smith's book "Judicial Review in An Objective Legal System" [ed.: available here] were prepared for a panel at the American Philosophical Association's Ayn Rand Society. They challenge the interaction between political values and linguistic meaning in Smith's theory, asks whether objectivity does a better job than original meaning in understanding constitutional clauses like the Commerce Clause, and asks whether there is anything wrong in regarding a judge as engaged in a creative act.
There's a lot more to this paper than the abstract may suggest, as it thoughtfully explores a number of issues relating to originalism and the meaning of laws. Very much worth a read.
Posted at 6:52 AM