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9 Sep 2012, 1:42 pm
Introduction The counter-majoritarian difficulty may be the best known problem in constitutional theory. [read post]
20 Aug 2012, 8:17 am
This is certainly the theme of recent overviews of the Court written by such scholars as Barry Friedman, Michael Klarman, or Lucas Powe, not to mention Mark Graber’s classic demonstration of the way that the Court has often accepted invitations given it by ostensible majoritarian political parties to decide political hot potatoes whose legislative resolution would simply be too risky. [read post]
4 Aug 2012, 2:54 pm
’ Motley, 432 F.3d at 1083 n.9 (internal quotation marks omitted). [read post]
30 Jul 2012, 6:22 am
Mark Graber (University of Maryland - Francis King Carey School of Law) has posted Redeeming and Living with Evil (Maryland Law Review, Vol. 71, 2012, p. 1073) on SSRN. [read post]
3 Jul 2012, 1:47 pm
Graber [PDF] Constitutional Faith, Constitutional Redemption, and Political Science: Can Faith and Political Science Coexist? [read post]
3 Jul 2012, 10:50 am
Graber [PDF] Constitutional Faith, Constitutional Redemption, and Political Science: Can Faith and Political Science Coexist? [read post]
2 Jul 2012, 8:03 am
Graber, Redeeming and Living with Evil H.W. [read post]
29 Jun 2012, 8:45 am
” I owe this point to Mark Graber. [read post]
15 May 2012, 10:30 am
"--Mark Graber, University of Maryland School of Law"This is an excellent book, richly textured and nicely argued. [read post]
15 May 2012, 5:58 am
Gillman, Graber, and Whittington have been working on this book for a long time. [read post]
24 Apr 2012, 6:08 am
Lynda Dodd chaired the Midwest panel discussion of the book, and McMahon responded to comments made by Terri Peretti, Mark Graber, and me. [read post]
16 Mar 2012, 11:00 am
Chair: Holly Brewer (University of Maryland History Department) Panelists: Peter Schuck (Yale Law School) Garrett Epps (University of Baltimore Law School) William Novak (University of Michigan Law School) Commentator: Mark Graber (University of Maryland Francis King Carey School of Law)Session 2B: Birthright Citizenship in Comparative PerspectiveVan Munching Hall Room 1333This session will place birthright… [read post]
14 Mar 2012, 10:24 am
In his post reflecting on Judge Wilkinson’s argument against “cosmic constitutional theory,” Mark Graber insists that, Wilkinson’s protestations notwithstanding, the Judge himself -- inevitably -- can’t help but advance his own brand of constitutional theory. [read post]
5 Mar 2012, 6:37 am
This may in some ways confirm what Mark Graber (cribbing from Hannah Arendt, obviously) refers to as the banality of constitutional evil. [read post]
24 Feb 2012, 1:13 pm
In my previous post, I had wondered whether (as Mark Graber suggested) “What Judge Wilkinson calls cosmic constitutional theory is the near inevitable consequence of political and constitutional change. [read post]
18 Feb 2012, 1:32 pm
Take a page from Mark Graber, Howard Gillman, and Keith Whittington in their forthcoming casebook: cut the number of cases assigned in constitutional law course, and up the number of readings on the constitutional system as a whole, including constitutional argument in legislatures, the executive branch, social movements, and political culture. [read post]
4 Feb 2012, 6:13 am
Graber The Thirteenth Amendment, Interest Convergence, and the Badges and Incidents of Slavery, William M. [read post]
2 Feb 2012, 7:47 am
“Judging undergraduate mock trial is a blast,” said Mark A. [read post]
17 Jan 2012, 2:03 pm
Participants include Jack Balkin, Sanford Levinson, Mark Graber, Eric Foner, Aviam Soifer, Alexander Tsesis and Rebecca Zietlow [read post]
17 Jan 2012, 5:44 am
The closest subway stop is 116th street (1 train). 9.00am: Opening Remarks 9.15-10.30am: Panel I: Thirteenth Amendment in Context · Jack Balkin-Yale Law School & Sanford Levinson-University of Texas School of Law [co-presenting] · Mark Graber-University of Maryland School of Law · George Rutherglen-University of Virginia School of Law Moderator: Prof. [read post]