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Worse Than Nothing: The Dangerous Fallacy of Originalism Audiobook
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Why originalism is a flawed, incoherent, and dangerously ideological method of constitutional interpretation
Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Three of the Supreme Court's nine justices explicitly embrace the originalist approach, as do increasing numbers of judges in the lower courts.
Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be inflexible and shows how it is often impossible to know what the "original intent" of any particular provision was. Perhaps worst of all, though its supporters tout it as a politically neutral and objective method, originalist interpretation tends to disappear when its results fail to conform to modern conservative ideology.
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About Erwin Chemerinsky
Erwin Chemerinsky is the dean and Jesse H. Choper Distinguished Professor of Law at the University of California, Berkeley School of Law. Prior to assuming this position, he was the founding dean of the University of California, Irvine School of Law, and a professor at Duke Law School, University of Southern California Law School, and DePaul Law School. He is the author of twelve books and over 250 law review articles. He is a contributing writer for the Opinion section of the Los Angeles Times and writes regular columns for the Sacramento Bee, the ABA Journal, and the Daily Journal and frequent op-eds in newspapers across the country. He frequently argues appellate cases, including in the United States Supreme Court. In 2016, he was named a fellow of the American Academy of Arts and Sciences. In 2017, National Jurist magazine again named him as the most influential person in legal education in the United States. In January 2021, he was named president-elect of the Association of American Law Schools.
About Daniel Henning
Harvard Business Review is the leading destination for smart management thinking. Through its flagship magazine, nine international licensed editions, books from Harvard Business Review Press, and digital content and tools published on HBR.org, Harvard Business Review provides professionals around the world with rigorous insights and best practices to lead them and their organizations more effectively and to make a positive impact.
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