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Originalism as Fable (Reviewing Eric Segall, Originalism as Faith)
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Working paper
Originalism as faith
Originalism as Faith presents a comprehensive history of the originalism debates. It shows how the doctrine is rarely used by the Supreme Court, but is employed by academics, pundits and judges to maintain the mistaken faith that the Court decides cases under the law instead of the Justices' personal values. Tracing the development of the doctrine from the founding to present day, Eric J. Segall shows how originalism is used by judges as a pretext for reaching politically desirable results. The book also presents an accurate description and evaluation of the late Justice Scalia's jurisprudence and shows how he failed to practice the originalism method that he preached. This illuminating work will be of interest to lawyers, law students, undergraduates studying the Court, law professors and anyone else interested in an honest discussion and evaluation of originalism as a theory of constitutional interpretation, a political weapon, and an article of faith
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Indian Canon Originalism
In: Note, Harvard Law Review, Vol. 126, No. 4, p. 1100, 2013
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Lower Court Originalism
In: Harvard Journal of Law and Public Policy, Forthcoming
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On Pluralism within Originalism
In: THE CHALLENGE OF ORIGINALISM: THEORIES OF CONSTITUTIONAL INTERPRETATION, Grant Huscroft and Bradley W. Miller, eds., Cambridge University Press, 2011
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