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12 Jul 2011, 8:42 am
Kersch is the author of the wonderful book Constructing Civil Liberties: Discontinuities in the Development of Modern Constitutional Law. [read post]
16 Jul 2011, 6:11 am
Kersch’s influence is apparent in several places in Rehabilitating Lochner. [read post]
[David Bernstein] Why aren’t there more black libertarians? Libertarian opposition to big government
29 May 2014, 3:39 pm
I can recommend two books that deal with this subject, Ken Kersch’s Constructing Civil Liberties, and Paul Moreno’s Black Americans and Organized Labor. [read post]
6 Nov 2013, 3:17 pm
Several regular B'zation contributors will be speaking, including Sandy Levinson, Mark Graber, Joey Fishkin, Linda McClain, Mark Tushnet, Ken Kersch, and myself:America’s Political Dysfunction: Constitutional Connections, Causes, and Cures Friday, November 15 & Saturday, November 16, 2013In recent years and especially in recent months, many have despaired over America’s political dysfunction. [read post]
21 Jun 2022, 8:00 am
We don’t have space here to respond to everything in the terrific bunch of responses from Emily Zackin, David Pozen, Mark Tushnet, Kate Andrias, Ken Kersch, Gerald Torres, Bertrall Ross, and Mark Graber. [read post]
18 Jun 2019, 6:00 am
For the symposium on Ken Kersch, Conservatives and the Constitution (Cambridge University Press, 2019).Ken I. [read post]
4 Jun 2007, 8:11 am
A generation of political scientists and historians, see Ken Kersch, Julie Novkov, Charles McCurdy, Gillman, and Whittington among many others, have suggested that the New Deal history of pre-New Deal America is largely fictional (Brian Tamanaha is working on the intellectual version of this). [read post]
22 Aug 2006, 5:52 pm
., Howard Gillman, Ken Kersch, Julie Novkov) have written similar revisionist histories. [read post]
24 Apr 2022, 6:30 am
For the Balkinization Symposium on Joseph Fishkin and William Forbath, The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy (Harvard University Press, 2022).Ken Kersch In Conservatives and the Constitution(Cambridge, 2019), I detailed the extent to which, long before the ascendence of legalist originalism, the postwar American conservative movement enlisted appeals to constitutional fidelity, redemption, and restoration in the… [read post]
28 May 2017, 1:07 pm
While it is now fashionable for libertarian and conservative scholars to point to the progressive era as the point the constitutional train went off the tracks -- see Ken Kersch’s and Steven Teles's contributions to this volume -- the implicit comparison between capital-p Progressivism (a movement that can be difficult to define with specificity (see Daniel Rodgers' classic essay "In Search of Progressivism")) and originalism, a… [read post]
14 Jul 2011, 6:49 am
(David Bernstein) My co-authored op-ed on Justice Breyer’s jurisprudence has stirred a bit of controversy.The basic point of the op-ed is that, as political scientist Ken Kersch puts it in a great scholarly review of Breyer’s book “Active Liberty”, Breyer’s intellectual roots are less in the sort of modern liberalism that animated the likes of William Brennan, and more “in pre–New Deal, early twentieth century progressivism, an outlook with… [read post]
15 Jun 2019, 8:00 am
For the symposium on Ken Kersch, Conservatives and the Constitution (Cambridge University Press, 2019).Ken I. [read post]
11 Apr 2013, 2:45 pm
Mark Graber and I served as organizers--in the future that will be done by Linda McClain and Ken Kersch, both well-known to Balkinization readers--and we immodestly (but I think accurately) believe that it is the leading venue in the country at least with regard to books written by lawyers and political scientists relating to various aspects of constitutionalism, both domestic and comparative. [read post]
21 Jul 2015, 3:09 pm
The first essays in this Handbook (David Brian Robertson, Michael Les Benedict, Ken Kersch, Scot Powe, Thomas Keck), which discuss U.S. constitutional development, implicitly speak to the success of the first chapters in The Federalist, which discuss “the utility of the Union to your political prosperity. [read post]
16 Nov 2011, 6:21 am
At Balkinization Professor Ken Kersch discusses “outlier” criminal sentences—like life-without-parole sentences for juveniles, the constitutionality of which the Court has decided to address in Jackson v. [read post]
21 May 2017, 7:16 pm
As Ken Kersch has argued, the reception among conservative intellectuals to Berger’s book, a scholarly polemic designed to demonstrate that the modern Court’s equal protection jurisprudence had strayed far from “the intention of the framers,” was enthusiastic. [read post]
9 Jun 2019, 7:30 am
For the symposium on Sanford Levinson and Jack M. [read post]
30 Jun 2019, 6:30 am
Larry Lessig is clearly one of the most interesting and imaginative scholars within the legal academy, and he has written a book that fully vindicates the enthusiastic blurbs it receives (from myself, as well as others). [read post]
