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7 Feb 2024, 4:30 am
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]
4 Aug 2016, 1:49 pm
Both Mark Graber and Gerard Magliocca make important points. [read post]
27 Nov 2016, 4:00 am
Another popular entry was a faux book review written by Mark Graber of Samuel Blatchford: Not an Ordinary Justice. [read post]
12 Jun 2019, 6:30 am
Mark Graber notes that in my description of the emerging Democratic coalition, organized labor doesn't seem to be all that important. [read post]
22 Dec 2012, 9:57 am
Kim Wardlaw The Chief was spot on the mark when he dissented in Alba-Flores. [read post]
12 Jun 2020, 1:43 pm
I anticipate that a forthcoming work by Mark Graber will speak very directly to this problem. [read post]
16 Apr 2024, 4:00 am
As Professor Mark Graber recounts here, President Buchanan was tipped off by Justice Catron about the infamous Dred Scott opinion a few weeks before its scheduled release, and then the President pressured a northern justice to join the opinion along with the Southerners on the Court. [read post]
21 Aug 2015, 12:54 pm
I want to elaborate some on Mark Graber's extraordinarily incisive and important post on why "constitutional theorists" are obsessed by, say, Obergefell and have almost literally nothing to say about Ferguson. [read post]
26 Mar 2008, 9:41 pm
*Jack's Balkinization co-blogger Mark Graber notes correctly that in my earlier post I was referring only to law professors who have advanced the views I am defending here. [read post]
6 Sep 2022, 1:36 pm
Making use in part of my casebook co-author Mark Graber's historical research, the judge concluded that Section Three's language regarding insurrection and those who engaged in it had a fairly broad meaning in the nineteenth century. [read post]
2 Jul 2007, 3:58 pm
Board of Education"; and Mark Graber has these thoughts on "the constitutionalization of ... [read post]
3 Mar 2009, 8:13 am
My friend (and fellow Balkinization contributor) Mark Graber often asserts the attractiveness of the Madisonian version of what political scientist Arend Lipjhart has called "consocialitionalism," i.e., the organization of the polity to make sure that it take more than a simple majority to rule. [read post]
13 Apr 2008, 4:23 pm
Pennsylvania (which truly establishes that the US is a "slaveholder's republic");Roger Taney's opinion in Dred Scott (especially after reading Mark Graber's wonderful book on the case);Joseph Bradley's opinion in The Civil Rights Cases (which returns African-Americans to the tender mercies of the white ruling class in the ostensibly defeated Confederate states);the per curiam opinion in Bush v. [read post]
24 May 2007, 10:43 am
And Mark Graber's great book discusses the out-and-out "evil" that might have been embedded into the original Constitution with regard to slavery. [read post]
19 Jun 2008, 11:19 am
Marks, No. 05-30218 (6-13-08). [read post]
12 Jun 2018, 12:23 pm
One of the reasons I have become so critical of the Constitution is that, as Mark Graber has pointed out, it is structured so as to assure that no national elected office-holder, including the President, truly has an incentive to think about the "national good. [read post]
1 Feb 2023, 8:11 am
Trademark laws in service of TK/TCE focus on indigenous symbols, signs, and other artistic marks from being misappropriated and commodified.[29 [read post]
14 Mar 2022, 6:30 am
Professor Graber raises two questions that we regard as intertwined, for example. [read post]
8 Aug 2024, 6:30 am
You have enriched legal scholarship with your efforts.2024In progressBalkinization Symposium on Alison LaCroix, The Interbellum Constitution: Union, Commerce, and Slavery in the Age of Federalisms (Yale University Press, 2024).In progressBalkinization Symposium on Mark Graber, Punish Treason, Reward Loyalty: The Forgotten Goals of Constitutional Reform after the Civil War (University of Kansas Press, 2023).August 2, 2024Balkinization Symposium on Solangel… [read post]
2 Sep 2007, 11:25 am
And the most controversial part of Mark's book is his not-so-implicit criticism of a system of presidential election that put Abraham Lincoln in the White House with 40% of a completely regional popular vote. [read post]
