Monday, April 15, 2024

Doing History After Dobbs

A forum, Doing History After Dobbs: Applications, Implications, and Critiques of Dobbs's Historical Methodology, which originated in a panel at the annual meeting of the American Society for Legal History last fall, is now out in the Yale Law Journal.  The contributions are:

Making History
Melissa Murray

Lessons from Lawrence: How “History” Gave Us Dobbs—And How History Can Help Overrule It
Aaron Tang

The History of History and Tradition: The Roots of Dobbs's Method (and Originalism) in the Defense of Segregation
Reva B. Siegel

The History of Neutrality: Dobbs and the Social-Movement Politics of History and Tradition
Mary Ziegler

History and Tradition’s Equality Problem
Cary Franklin

--Dan Ernst