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I recently participated in a terrific symposium hosted by the Ohio State Law Journal on Originalism and the Jury. The Law Journal has now posted the videos of the panels here. I was on a very fun panel with Judge Nancy Gertner, Doug Berman, and Stephanos Bibas hosted by Dean Alan Michaels that you can watch here. (I speak starting around the 46-minute mark. I get to accuse Doug Berman of believing in “DougBermanism” rather than originalism during the Q&A, at the 1:02 mark.)

Categories: Symposia    

    9 Comments

    1. frankcross says:

      I’m pretty sure you could make that accusation of nearly everyone.

      December 9, 2009, 3:05 pm

    2. Nathan says:

      Professor Kerr:

      Thanks for posting this and thank you especially for participating.

      -Nathan

      December 9, 2009, 3:28 pm

    3. resh says:

      Damn good stage presence, pal.

      December 9, 2009, 4:14 pm

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      December 10, 2009, 3:18 am

    5. Doug Berman says:

      Guilty, as charged.

      December 10, 2009, 9:44 am

    6. Orin Kerr says:

      Doug,

      Don’t worry, we can still appeal.

      December 10, 2009, 10:52 am

    7. Doug B. says:

      Let’s make sure we claim on appeal, Orin, that “DougBermanism” and originalism may not be much more different than the “Average SCOTUS Justiceism” and originalism. Or, put another way, I readily plead guilty to the charge because it seems, at least to me, that originalism is very often (too often) in the eye of the beholder.

      Thanks for linking to the event (as well, of course, for participating).

      December 10, 2009, 11:47 am

    8. Scott says:

      At some point in there, Professor Berman suggests jury trials for habeas actions, and while admitting that he couldn’t make a constitutional argument for it, he thought that the framers might have found favor in the argument. But that of course is absurd, since the habeas relief to which he refers – federal review of a state conviction – is not a constitutional right at all, and is something that would have been completely foreign to the framers.

      December 10, 2009, 12:20 pm

    9. grlampton says:

      Sorry to be obtuse, but I do not understand what “originalism” is, or what “the jury” has to do with it, or what, obviously, “Originalism and the Jury” is all about. It would be nice if someone could post a very brief summary so we don’t need to stream the whole file to figure it out.

      Thanks.

      December 14, 2009, 1:55 pm