The official podcast of the HLS Law & Philosophy Society is finally here!

Check out our episodes:

Should We Abolish the Constitution? A Conversation with Professor Louis Michael Seidman

In this episode, Max Diamond speaks with Professor Louis Michael Seidman, the Carmack Waterhouse Professor of Law at the Georgetown University Law Center. Professor Seidman is the author of numerous books, including On Constitutional Disobedience, in which he argues that we should get rid of the Constitution. We discuss and argue about the merits of the Constitution, judicial review, and the possibilities for a new political order.

What is Law? A Conversation with Professor Scott J. Shapiro

In this episode of the podcast,  Max Diamond speaks with Professor Scott J. Shapiro, the Charles F. Southmayd Professor of Law and Philosophy at Yale Law School. Professor Shapiro has written extensively on issues in jurisprudence. Their discussion centers on arguably the most fundamental question in the philosophy of law: what is law? In order to address that question, they do a deep-dive into Professor Shapiro’s book Legality, which address the question of the nature of law at length.

Should We be Originalists? A Conversation with Professor Randy Barnett

In this episode of the podcast, Max Diamond interviews Randy Barnett, the Patrick Hotung Professor of Constitutional Law at the Georgetown University Law Center. Professor Barnett is one of the most well-known and well-respected defenders of Originalism. Originalism is the theory that we should be constrained in how we interpret and apply the law by its original meaning. While for some this is a very controversial thesis, it is currently the theory that commands most loyalty on the Supreme Court. It is therefore an essential theory to understand. I spoke with Professor Barnett about justifications for originalism, and critiques of originalism from the political Right.

What Does Original Meaning Mean? A Conversation with Professor Lawrence Solum

In this episode, Max Diamond interviews Lawrence Solum, the William L. Matheson and Robert M. Morgenthau Distinguished Professor of Law at the University of Virginia Law School. Professor Solum is one of the most well-respected and sophisticated defenders of the theory of originalism. I spoke with Professor Solum about what it means for originalists to be committed to original meaning, and whether deviations from original meaning are ever justified.

Is the Supreme Court Legitimate? A Conversation with Michael Klarman

In this episode, Max Diamond speaks with Michael J. Klarman, the Charles Warren Professor of Legal History at Harvard Law School. Professor Klarman has argued extensively that the Supreme Court has been a largely regressive force in American life, particularly on issues of race. We discuss what this says about the legitimacy of judicial review and the Supreme Court today.

Is Our Law Originalist? A Conversation with Professor Stephen Sachs

In this episode, Max Daimond speaks with Stephen Sachs, the Antonin Scalia Professor of Law at Harvard Law School. Professor Sachs has become a leader in a new school of thought in the originalist movement: unlike earlier originalists who argued that we should adhere to the original meaning of the law because it promotes moral goods, Professor Sachs argues that originalism is a theory of law itself. Utilizing a positivist theory of law derived in part from the legal philosopher H.L.A Hart, Professor Sachs argues that our law just is the law as it was at the time of the founding. We discussed how his theory differs from earlier versions of originalism, and whether it really is the case that our law is originalist.

What is the State of the Supreme Court? A Conversation with Adam Liptak

In this episode, Max Diamond spoke with Adam Liptak, the Supreme Court reporter for the New York Times. Mr. Liptak is a graduate of Yale Law School and practiced law for fourteen years before joining the New York Times. Mr. Liptak and I discussed legal theory in practice: we touched on Justice Ketanji Brown Jackson’s commitment to original meaning, what unites the liberal wing of the Court together, and Students for Fair Admissions vs. Harvard.

Does the Supreme Court Support Democracy? A Conversation with Barry Friedman

In this episode, Max Diamond spoke with Barry Friedman, the Jacob D. Fuchsberg Professor of Law at New York University Law School. Professor Friedman is a national expert on constitutional law. In his book The Will of the People, he argued that the Supreme Court ultimately promotes democracy as a result of political checks on its power. We discussed whether this accurately describes the Supreme Court, and Professor Friedman’s views on the current Supreme Court.

How Should we Regulate Agencies? A Conversation with Julian Davis Mortenson.

In this episode, Max Diamond interviewed Julian Davis Mortenson, the James G. Phillipp Professor of Law at the University of Michigan Law School. Professor Mortenson is a well-known scholar on administrative law and constitutional law, particularly on the subject of non-delegation. The non-delegation doctrine has been a major source of controversy in recent years as many believe that the Supreme Court has allowed Congress to delegate too much authority to administrative agencies. Last year, Professor Mortenson and Professor Nicholas Bagley published a piece in the Columbia Law Review called “Delegation at the Founding” in which they provided strong historical evidence against a strict non-delegation doctrine. We discussed what this debate says about originalist theory, and the best ways to regulate administrative agencies.