Search for: "Mark Graber"
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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]
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]
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]
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]
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]
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]
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]
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]
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]
28 Oct 2022, 4:00 am
(Professor Mark Graber's work on Reconstruction provides very strong evidence.) [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]
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]
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]
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]
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]
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]
