How We Talk About Textualism and Its Tools
In this year’s Scalia Lecture at Harvard Law School, Judge Rachel Kovner asked: “Are We All Textualists Now?” Of course, she was riffing off...
Author
Elias Neibart
Trading Jabs Over Tradition
Tradition. It’s the talk of the town — especially in originalist circles. But what role should it play in constitutional argument? Even fellow originalists...
Methodological Convergence in Community Financial Services
Response to Community Financial Services and the Intramural Debate over Novelty and Tradition
My colleague, Thomas E. Nielsen, just published a thought-provoking post detailing some of the methodological approaches at play in CFPB v. Community Financial Services...
Originalism Makes Sense: A Response
Response to A Thought Experiment: Does Originalism Make Sense?
A colleague of mine, In Kyu Chung, recently wrote a Blog post titled “A Thought Experiment: Does Originalism Make Sense?” He answers that question...