758.01 Originalism: An Overview of Theory and Practice

Originalism has become a major force in constitutional interpretation throughout the federal and state judiciaries.  The theory’s merits and the merits of the outcome it yields are the subject of intense debate in the legal community and across the country.

This two-hour weekly seminar is designed to help acquaint you with the history of Originalism, developments in Originalism over time, criticisms of the theory, current controversies among originalists, and how lawyers and judges engage in originalist analysis. 

Students will be evaluated on papers responding to the course readings and on class participation.

Enrollment Pre-/Co- Requisite Information

One prior course on American constitutional law.

Spring 2026

Course Number Course Credits Evaluation Method Instructor
758.01
2
Reflective Writing
Class participation
Robert Numbers
Canvas site: https://canvas.duke.edu/courses/74786
Course
Degree Requirements
JD elective
IntlLLM-SJD-EXC elective
Course Areas of Practice
Constitutional Law and Civil Rights
Law, Democracy, and Society