Eric J. Segall – Constitutional Commentary

Originalism Off the Ground: A Response to Professors Baude and Sachs

Eric J. Segall* Professors Will Baude and Stephen Sachs are a legal realist’s worst nightmare. In their Northwestern Law Review essay “Grounding Originalism,”[1] they continue their Arthurian quest to convince the legal world that originalism has been and currently is our law. They denote this effort a “positivist” account of our legal practices and claim…

A Century Lost: The End of the Originalism Debate

5 U.S. (1 Cranch) 137, 175

The Black Holes of American Constitutional Law. Book Review of: American Constitutional Law, Third Edition, Volume 1. By Laurence H. Tribe