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Brian Tamanaha
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Recent Articles
If Partisan Entrenchment Is Correct, Why Bother Articulating A Theory of Constitutional Interpretation?
The Jack Balkin (our generous host) who, along with Sandy Levinson, articulates a descriptive theory of the development of constitutional law as largely a matter of "partisan entrenchment" appears to be in tension with the Jack Balkin who is building a version of originalism as a prescriptive...
Judge Posner Skewers Textualism-Originalism (Thomas, Scalia), And Reveals the Increasing Politicization of Judging by Conservatives
The following passage is from Judge Posner’s fascinating—that is, informative, insightful, provocative, sometimes strange, exercise in unadorned truth telling about judging (by his own lights)—How Judges Think:This politically conservative response (“originalism” or “textualism-originalism”)—which...