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26 Feb 2024, 6:30 am by Guest Blogger
My hope was that the resulting narrative might be sufficiently rich that contemporary commentators could, as Jim Fleming put it in his careful contribution discussing the implications of the Taft Court’s substantive due process doctrine for the contemporary Roberts Court, harvest what has been “tee[d] up for” them. [read post]
4 Apr 2023, 3:06 am by Seán Binder
Robert Greenall reports for BBC News. [read post]
21 Mar 2023, 7:01 am by Randy E. Barnett
Gerhardt, The Power of Precedent (Oxford 2008) Robert Bennett & Lawrence Solum, Constitutional Originalism (Cornell 2011) Gary L McDowell, The Language of Law & the Foundations of American Constitutionalism (Cambridge 2010) Eric Segall, Supreme Myths: Why the Supreme Court Is Not a Court and Its Justices Are Not Judges (Praeger 2012) Michael Greve, The Upside-Down Constitution (Harvard 2012) Alexander Tsesis, The Thirteenth Amendment and American Freedom (NYU 2004) 2011: H. [read post]
17 Nov 2022, 6:30 am by Guest Blogger
Fleming, Constructing Basic Liberties: A Defense of Substantive Due Process (University of Chicago Press, 2022).James E. [read post]
25 Oct 2022, 6:30 am by Guest Blogger
For the Balkinization symposium on James E. [read post]
23 Oct 2022, 6:30 am by Guest Blogger
For the Balkinization symposium on James E. [read post]
19 Oct 2022, 6:30 am by Guest Blogger
For the Balkinization symposium on James E. [read post]
3 Oct 2022, 12:04 pm by admin
In “Cheng’s Proposed Consensus Rule for Expert Witnesses,”[1] I discussed a recent law review article by Professor Edward K. [read post]
12 Jul 2022, 6:30 am by Guest Blogger
Fleming and I argued for a constitutional liberalism that included, among other things, a “formative project” of cultivating civic virtues and capacities necessary to secure ordered liberty. [read post]
14 Jun 2022, 2:29 pm by Randy E. Barnett
Gerhardt, The Power of Precedent (Oxford 2008) Robert Bennett & Lawrence Solum, Constitutional Originalism (Cornell 2011) Gary L McDowell, The Language of Law & the Foundations of American Constitutionalism (Cambridge 2010) Eric Segall, Supreme Myths: Why the Supreme Court Is Not a Court and Its Justices Are Not Judges (Praeger 2012) Michael Greve, The Upside-Down Constitution (Harvard 2012) Alexander Tsesis, The Thirteenth Amendment and American Freedom (NYU 2004) 2011: H. [read post]
9 May 2022, 4:26 am by Emma Snell
Secretary of State Antony Blinken has told his Ukrainian counterpart that this progress — marked by Kyiv Embassy charge d’affaires Kristina Kvien’s visit yesterday to commemorate V-E Day — is a testament to Ukraine’s success and Moscow’s failure in the early phase of the war. [read post]