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12 Feb 2024, 6:46 am by Guest Blogger
Bruce Ackerman had written that the conservatives faced “a huge test,” with their integrity on the line if they didn’t follow liberal views of what “fidelity” to the Constitution requires. [read post]
26 Oct 2022, 9:17 am by Daniel Shaviro
(c) The recent literature's deafening silence on such a broader reach (this is my phrase, but I think it expresses the paper's view) merits interrogation.To illustrate the shift, consider progressive tax reform plans from 20-ish years ago, such as Michael Graetz's plan to replace the income tax on up to the first (say) $100,000 of income with a VAT, or Bruce Ackerman's and Anne Alstott's plan to use a wealth tax to fund cash grants that people would start… [read post]
20 Jul 2010, 5:38 am by Gerard Magliocca
Magliocca, Andrew Jackson and the Constitution:  The Rise and Fall of Generational Regimes (2007). [6] See, e.g., Bruce Ackerman, The Living Constitution, 120 Harv. [read post]
10 Jan 2021, 7:27 am by David Super
       It is no coincidence that the leading popular constitutionalist of our time, Bruce Ackerman, is also intensely focused on improving our means of political discourse and deliberation. [read post]
12 Mar 2012, 1:19 pm by Kevin Jon Heller
  He now has offered another defense of such an attack in response to an editorial by Bruce Ackerman in the L.A Times. [read post]
16 Aug 2013, 8:21 am by Frank Pasquale
As anyone familiar with Bruce Ackerman's work might guess, pliable attorneys have rubber-stamped the telephony metadata program with a "white paper" that "fails to confront counterarguments and address contrary caselaw" and "cites cases that [are] relatively weak authority for its position." [read post]
3 Nov 2015, 8:47 am by David Gans
  Our brief, filed on behalf of CAC and six of the nation’s most prominent constitutional scholars—Bruce Ackerman, Jack Balkin, Burt Neuborne, James Ryan, Eric Schnapper, and Adam Winkler—demonstrates that the text and history of the Fourteenth Amendment permit the government to take race into account in certain circumstances in order to ensure equality of opportunity for all persons regardless of race. [read post]
7 Aug 2015, 3:04 pm by Sandy Levinson
  Bruce Ackerman has emphasized the importance of shifting from formal treaties to "executive agreements" as mechanisms of foreign policy, though, of course, as with NAFTA or the perhaps forthcoming trade agreement, there's still a necessity for congressional approval, albeit fast-tracked. [read post]
6 Oct 2013, 10:45 am by Ilya Somin
In Chapter 7 of my book, I consider several others, including media reform, structured deliberation proposals such as those developed  by Balkinization's  Bruce Ackerman and others, and even just simply paying voters to learn more about politics (my own  idea, though I am pessimistic about its feasibility, especially in the short run). [read post]
13 Jan 2021, 11:05 am by Mark Graber
  Andy Coan, Gerard Magliocca and Bruce Ackerman have written fine pieces. [read post]
28 Jun 2020, 2:29 pm by David Super
  Bruce Ackerman attributesthe paucity of sweeping constitutional amendments since the New Deal Era to our having found other means of achieving constitutional change. [read post]
20 Jun 2024, 12:31 pm by Joseph Fishkin
 As Bruce Ackerman, Willy Forbath, and I argued in a brief in this case, Pollock was wrong the day it was decided, and the Sixteenth Amendment completely repudiated its wrong logic. [read post]
21 May 2015, 8:11 am
” Among other things, these titles should help us assess Atkinson’s proposals vis-à-vis an understanding of the comparative differences between, capitalism and socialism): Ackerman, Bruce, Anne Alstott, Philippe van Parijs, et al. [read post]
7 Jan 2019, 9:08 am by Guest Blogger
 Some critics, including my colleague Bruce Ackerman, have leapt too quickly to the conclusion that such a move would be lawless and might even subject wall-builders to criminal prosecution. [read post]
7 Feb 2024, 4:30 am by Michael C. Dorf
That question in turn raises sub-questions, as discussed thoughtfully along with discussion of many of the other issues by Professor Marty Lederman in a multi-part series on Balkinization, which also includes helpful recent contributions from Professors Bruce Ackerman, Mark Graber, and Gerard Magliocca.(9) Intertwined with some of the foregoing questions, does the case present a nonjusticiable political question? [read post]
9 Jun 2014, 1:26 pm by Guest Blogger
  A diverse group of scholars from law schools and political science and history departments, including Daniel Carpenter, Richard John, William Novak, Elisabeth Clemens, Stephen Skowronek, Richard Bensel, Bruce Ackerman, and William Nelson, offer a great many answers to this question. [read post]
8 Jan 2016, 8:35 am by David Gans
University of Texas on behalf of some of the nation’s leading constitutional law scholars, including Professors Bruce Ackerman, Jack Balkin, Burt Neuborne, James Ryan, Eric Schnapper, and Adam Winkler, as bad, revisionist history. [read post]
14 Aug 2024, 12:30 pm by Guest Blogger
Though their study covers the whole of U.S. history, as only APD scholars and some allied law professors like Bruce Ackerman and Aziz Rana are prone to do, their core findings can be briefly stated. [read post]
21 Jan 2017, 4:30 am by Guest Blogger
As Bruce Ackerman has eloquently written, the current structure of the military leadership does create a risk to civilian control. [read post]
12 Feb 2025, 7:37 am
I wondered if anyone was deploying this term, and I found a NYT column — also published on  February 10th — "Welcome to America’s Fourth Great Constitutional Rupture" by Noah Millman (NYT)(free-access link):As the legal scholar Bruce Ackerman delineated in his classic trilogy on popular constitutionalism, “We the People,” previous moments of radical transformation often violated the rules that governed normal politics.... [read post]