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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]
25 Jul 2011, 4:59 am
Joining me on the panel will be Mark Graber (Maryland), Carol Nackenoff (Swarthmore), and Keith Whittington (Princeton). [read post]
19 Jun 2008, 11:19 am
Marks, No. 05-30218 (6-13-08). [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]
14 Mar 2022, 6:30 am
Professor Graber raises two questions that we regard as intertwined, for example. [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]
17 Dec 2011, 9:36 am
" Among the scholars cited there are Erwin Chemerinsky, Saul Cornell, Don Fehrenbacher, Robert George, Mark Graber, Daniel Hamilton, Morton Horwitz, Daniel Hulsebosch, Frank Michelman, Chris Tomlins, Mark Tushnet, Robin West, and Gordon Wood. [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]
20 Aug 2015, 7:51 am
Mark Graber’s assertion that I “praised Jewish denominations for interpreting Jewish law in ways that permit same-sex marriage,” was a misreading of this chapter. [read post]
4 Feb 2024, 6:29 pm
Part II of Donald Trump’s brief argues that the factual predicate for the Colorado Supreme Court’s decision to remove Trump’s name from the primary ballot was absent because Trump did not “engage in” an insurrection against the United States on January 6, 2021.[1] [Apologies in advance about all the footnotes, but I didn't want to clutter the text with too many peripheral matters.]The Colorado Supreme Court held that Trump’s words on January 6… [read post]
3 Feb 2016, 10:35 am
Some presenters like Jim Pope and Mark Graber turned to the radicalism of Reconstruction, particularly the ways in which the Thirteenth Amendment was, for a time, a potential vessel for a multiracial movement for economic populism. [read post]
7 Mar 2015, 10:05 am
Moreover, as Mark Graber and Keith Whittington have pointed out in the American context, the political branches may increasingly rely on courts to decide questions that they cannot or do not want to decide [read post]
6 Sep 2023, 11:44 pm
A number of thoughtful scholars including Mark Graber and Gerard Magliocca on this very blog have made the case along with Baude and Paulson that in order to give force to 14.3, state and local decision-makers with the authority to decide who goes on the ballot should exclude Trump from the ballot. [read post]
11 Apr 2013, 2:45 pm
Mark Graber and I served as organizers--in the future that will be done by Linda McClain and Ken Kersch, both well-known to Balkinization readers--and we immodestly (but I think accurately) believe that it is the leading venue in the country at least with regard to books written by lawyers and political scientists relating to various aspects of constitutionalism, both domestic and comparative. [read post]
28 Oct 2022, 4:00 am
(Professor Mark Graber's work on Reconstruction provides very strong evidence.) [read post]
2 Jul 2016, 4:10 pm
” Mark Graber has just published a typically excellent piece on constitution-drafting in American high schools: There is likely to be more debate about drafting a constitution for Madison High than there was with regard to the actual mechanics and implications of the Brexit vote. [read post]
18 Jan 2022, 8:00 am
But what I sought to emphasize in The Gun, the Ship and the Pen was the significance of changesin the patterns of warfare, many of these deriving – as Mark Graber notes – from technological development. [read post]
20 Feb 2016, 7:41 am
"In this regard, as Mark Graber noted in a Balkinization post: "Scalia’s denunciations of affirmative action never engaged with the substantial scholarly literature maintaining that the Republicans who framed the post-Civil War Amendments frequently enacted race-conscious programs. [read post]
18 Jun 2019, 6:30 am
In a space of twenty years, a strongly divided America had transformed into what Mark Graber calls the long state of courts and parties.The transition was hardly smooth. [read post]
17 Jun 2024, 11:36 am
In the United States, as Mark Graber notes, disqualification from holding office, whether through impeachment or under Section 3 of the Fourteenth Amendment, is a form of militant democracy, as it denies voters the opportunity to select the candidate of their choice.But disqualification failed. [read post]
