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Monday, July 10, 2023

Choosing the President at Random?

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Earlier this month, I became aware via the Legal History Blog that The Amendments Project at Harvard University had released a searchable a...
Monday, June 26, 2023

Historical Analysis and Doing Your Own Research

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Gregory Ablavsky authored a critical review of Akhil Amar's book, The Words That Made Us . Ablavsky's review was recently published...
Friday, June 2, 2023

Disturbing the Peace in Libraries: An Statutory Interpretation Puzzle

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Most of my research in recent weeks has veered away from constitutional interpretation. This has been a welcome change of pace as theoretica...
Thursday, May 4, 2023

Originalism and the Meaning of "Twenty Dollars": A Response to Heaney

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I recently shared a draft of my forthcoming essay in the Creighton Law Review. Here's the abstract: Originalism claims to provide answe...
Tuesday, May 2, 2023

Professional Updates and Recent Scholarship

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Blogging has been light over the past year because I've been getting accustomed to a career as a legal academic. A little over a year ag...
Wednesday, February 1, 2023

"Business as Usual" For Originalism?

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I've argued at length elsewhere that three of the highest-profile cases of the Supreme Court's October 2021 term marked a shift awa...
Thursday, December 15, 2022

Appointing Expert Historians in Second Amendment Cases

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Second Amendment law is in a strange place right now. The Supreme Court's ruling this past summer in New York State Rifle & Pistol A...