To be an effective lawyer, you need to understand how judges approach cases. Many state & federal judges adhere to originalist principles in deciding cases. A constitutional law professor that fails to meaningfully discuss originalism is doing a disservice to his/her students.https://twitter.com/lsolum/status/1051445734833352705 …
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I agree with the Professor. Con law professors should teach the Constitution and the cases. In the course of teaching the cases, they can and should discuss the analytical methods the judges use in reaching their opinions. /1
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But I don’t think the main Con Law course should teach methodology for its own sake, and certainly shouldn’t look at the cases through a particular methodological lens. Talk about how the judges got there and if it worked or not. Teach theory in an advanced Con Theory class. /end
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I never teach that there is one proper "method" judges use or should use. I find that the idea of pinning judges down on method is a ridiculous dream; as craftspeople, they build their opinions using the techniques and opinions that work in each case.
End of conversation
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