Search for: "Bruce Ackerman"
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16 Feb 2011, 10:37 pm
Bruce Ackerman argued that this era was not a war, but an emergency. [read post]
16 Jan 2007, 3:08 am
Sticking to the rules laid down, as Bruce Ackerman has argued, was dispensed with in moving from the Articles of Confederation to the Constitution and then again in ratifying the Fourteenth Amendment. [read post]
3 Aug 2024, 6:30 am
In her outstanding new book, The Interbellum Constitution, LaCroix demolishes the notion that the 1815-1861 period was, in Bruce Ackerman’s words (as quoted by LaCroix), “a period of ‘normal politics’” that lacked the “great ideological struggles between competing parties” necessary to produce constitutional ferment. [read post]
4 Jul 2023, 6:30 am
Loughlin recognizes the centrality of Reconstruction to American constitutionalism (see his discussion of Bruce Ackerman’s work (p. 146–47)). [read post]
17 Jul 2020, 9:46 am
This is of course common ground with respect to important works of constitutional theory that, like Baude and Sachs, highlight the issue of constitutional change and (unlike Baude and Sachs) the role of political and social movements – for example, Bruce Ackerman’s influential We The People series and Balkin’s Living Originalism.This avoidance of reasonable disagreement over the meaning of the Constitution leads to Baude and Sachs having a hard time with… [read post]
20 Apr 2020, 6:30 am
Methods of amendment drew a bit of attention, but they scarcely took pride of place.An additional reason, though, particularly in the United States, is that some of those most interested in amendment as a concept adopted decidedly informal notions of the term, as with Bruce Ackerman’s deservedly influential corpus (which has much influenced me). [read post]
18 Jun 2013, 4:03 pm
Bruce Ackerman has a famous, brilliant argument that in fact we need to acknowledge non-Article V change if we hope to understand either the Founding or Reconstruction. [read post]
12 Jan 2023, 4:00 am
Bruce Ackerman and Richard Stewart favored market-based approaches and avoidance of inefficient uniform standards, while Howard Latin defended traditional regulatory approaches that included setting industry-wide standards. [read post]
17 Feb 2009, 11:05 pm
In fact, a better analogy, as my colleague Bruce Ackerman has suggested, is the French Conseil Constitutionnel, which declares whether pending legislation is in conformity with the French Constitution.What's Ackerman's point? [read post]
7 Nov 2010, 10:20 am
Unfortunately, I missed the hottest ticket of the conference, Bruce Ackerman’s commentary on Law/Versteeg’s The Evolution and Ideology of Global Constitutionalism. [read post]
7 Nov 2022, 9:04 pm
In 2004, for example, Bruce Ackerman celebrated the APA as “the most notable framework statute of the twentieth century. [read post]
24 Sep 2010, 7:09 am
Thus Bruce Ackerman has a powerful column in yesterday's Wall Street Journal condemning the process by which Elizabeth Warren has been named to preside over the creation of the new consumer protection agency. [read post]
2 Dec 2023, 7:25 pm
[Oral Argument in Moore v. [read post]
17 Aug 2015, 11:22 am
I’ll punt for now on addressing the points Jack just made – in particular, I am saving reflection on the interpretation/construction distinction for the end of these posts.With respect to what historians can contribute to debates over the new originalism and living constitutionalism, one has the sense that in recent work by legal scholars, barriers are being put up to productive interdisciplinary exchange. [read post]
9 Jun 2022, 6:30 am
We have become Court-centric, “lost our ability to write,” in Bruce Ackerman’s phrasing. [read post]
30 Sep 2017, 11:13 am
Popular constitutionalists like Bruce Ackerman, Bill Eskridge, and John Ferejohn argue that constitutional moments are not complete until the new order becomes so entrenched that continued resistance becomes politically suicidal. [read post]
14 Nov 2018, 4:07 pm
For example, there are huge differences between John Hart Ely's "representation-reinforcement" theory, David Strauss' "common law constitutionalism," Ronald Dworkin's moral approach to constitutional interpretation, and Bruce Ackerman's theory of "constitutional moments. [read post]
13 Jan 2023, 8:00 am
Bruce Ackerman advised aspiring constitutional theorists of my generation to learn German. [read post]
22 Sep 2020, 6:30 am
His readings of Herbert Weschler, Alexander Bickel & John Hart Ely, Justice Frankfurter, the varieties of originalism in its numerous iterations, John Roberts, Bruce Ackerman, Randy Barnett, and more, compellingly situates them in terms of this set of dynamic orbiting developmental trajectories. [read post]
17 Apr 2020, 6:30 am
Bruce Ackerman and others have suggested that the Thirteenth, Fourteenth, and Fifteenth Amendments may not have met Article V’s requirements, but attained legitimacy through other means.Similarly, it may mean that the Nineteenth Amendment and the Equal Rights Amendment can be legitimized through means other than Article V. [read post]