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Very interested in conservative legal theory and wanted to know a good place to start.

giganto67 wrote: ↑

Thu Aug 12, 2021 1:19 pm

Very interested in conservative legal theory and wanted to know a good place to start.

Posner

A few to start:

law & economics: Richard Posner; Frank Easterbrook
originalism: Will Baude

I was once an Admin Law guru and I really liked the professors that posted on this blog:

https://www.yalejreg.com/nc/

There are conservative takes and less conservative takes. Also, I found lots of good commentaries on recent Admin Law decisions, and the partners I worked for were always blown away that I had a full write ups on days-old DC Circuit decisions, and thoughts on how we could use them in our cases - all spawned from the blog that I actually enjoyed reading.

Vermeule has a few (excellent) books on adlaw -- I'd pick up Law's Abnegation if you haven't read it already.

giganto67 wrote: ↑

Thu Aug 12, 2021 1:19 pm

Very interested in conservative legal theory and wanted to know a good place to start.

To truly understand conservative legal theory a lobotomy would be a good place to start.

Anonymous User wrote: ↑

Thu Aug 12, 2021 2:50 pm

A few to start:

law & economics: Richard Posner; Frank Easterbrook
originalism: Will Baude

Eric Posner and Anup Malani at UChicago
Matt Adler at Duke

Baude is a really exceptional writer and his work is a good introduction to modern originalist debates in addition to making big contributions itself. Though he’s not that “conservative” except that he’s originalist. His podcast with Dan Epps is fantastic too.

Anonymous User wrote: ↑

Fri Aug 13, 2021 10:24 am

Anonymous User wrote: ↑

Thu Aug 12, 2021 2:50 pm

A few to start:

law & economics: Richard Posner; Frank Easterbrook
originalism: Will Baude

Eric Posner and Anup Malani at UChicago
Matt Adler at Duke

Adler isn’t a conservative legal theorist in any fashion in the veins of a posner. He’s a brilliant legal theorist including in welfare theory and law and economics, but not in the same conservative sense of the other names posted here.

Not to do the mods’ jobs for them, but what is the legal employment angle here?

Anonymous User wrote: ↑

Fri Aug 13, 2021 6:24 pm

Not to do the mods’ jobs for them, but what is the legal employment angle here?

I'm not the OP, but you Gotta know the refs, man. It's a conservative/originalist judiciary out there, and we should speak their language. As for the admin angle, lots of people have an admin-focused practice so, hey, there it is. Maybe it's a post-hoc justification, but I think it holds together.

Not a conservative scholar- more centrist/ perhaps center left- but, Keith Werhan has a good book on Admin law, and he doesn't talk about politics at all in his book that I'm aware of. Really good to get a snapshot look into Admin law.

Herbert Hovenkamp's The Opening of American Law is a balanced take on key economic and scientific undercurrents in American legal history. You'll get core ideas by reading this book.

Thomas Merrill has some pretty good stuff in admin and property.

Scalia was a great writer and understood originalism very well.

Originalism: Definitely agree with the Baude suggestion. Also see Sachs, Solum, Prakash, S.Calabresi, McConnell, Hamburger, and Christopher Green. See Balkin, Segal and the like for originalism that deviates from typical conservative takes and anti-originalist thought, respectively.
Admin: I second the Vermeule suggestion. Would also recommend his sometimes co-author Cass Sunstein. Also a fan of Pojanowski. Wurman, Parrillo, Mortensen, and Bagley are worth a look if you're interested in the intersection between admin and originalism.