Richard Primus (University of Michigan Law School) has posted Originalist Reform in a Common-Law System: Notes on Barnett, Solum, and Party Presentation on SSRN. Here is the abstract:
In a recent article, Randy Barnett and Larry Solum advocate limiting the scope of the party presentation principle to advance the project of originalist jurisprudence. The dynamics they identify might actually point toward a different reform: limiting the scope of judicial originalism.
Highly Recommended!
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Lawrence Solum