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Legal History

: Legal History Blog

Berman Says, Originalism is Bunk

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Mitchell Berman, University of Texas, has published Originalism is Bunk, 84 New York University Law Review 1 (2009). The article endeavors to "catalogue and critically assess the varied arguments proferred in originalism's defense." From the abstract:Originalism is ?hard? when grounded on reasons that purport to render it (in some sense) inescapably true; it is ?soft? when predicated on

Full post as published by Legal History Blog on April 20, 2009 (boomark / email).

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