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29 Feb 2024, 7:00 am
Jack Balkin’s 1993 paper on “ideological drift” helpfully explains: The sincere individual who lives, as we all do, in the currents of ideological drift, does not perceive her beliefs in this way. [read post]
27 Feb 2024, 9:30 pm
Jack M. [read post]
27 Feb 2024, 8:00 am
Jack M. [read post]
27 Feb 2024, 6:30 am
Jack Balkin, Introduction to the Symposium2. [read post]
26 Feb 2024, 6:30 am
And in this sparkling symposium Jack Balkin has assembled masters who in fact know. [read post]
12 Feb 2024, 6:46 am
All things considered, the case provided a good example of an attempt to re-enact on the left what Jack Balkin described years ago as the conversion of off-the-wall to on-the-wall views, a framework he applied so illuminatingly to the NFIB v. [read post]
28 Jan 2024, 4:48 pm
For more on my own positions: here is my take on must-carry issues generally, and here is the amicus brief I filed in NetChoice with Jack Balkin and the Yale MFIA clinic on behalf of Francis Fukuyama; here is my Senate testimony about platform transparency generally, and here is a detailed constitutional analysis of the Texas and Florida transparency rules. [read post]
21 Jan 2024, 9:30 pm
Our starting points will be Jack Balkin’s Memory and Authority: The Uses of History in Constitutional Interpretation (2024) and Jonathan Gienapp’s Against Constitutional Originalism: A Historical Critique (2024). [read post]
9 Jan 2024, 12:05 pm
I thought this item from Prof. [read post]
29 Dec 2023, 9:30 pm
The latest on Section 3 and the Presidency: Kurt Lash in the NYT and Mark Graber's reply in Balkinization. [read post]
2 Dec 2023, 7:25 pm
[Oral Argument in Moore v. [read post]
21 Nov 2023, 5:30 am
To use Jack Balkin's framing, an argument that was "off the wall" became "on the wall. [read post]
19 Oct 2023, 5:19 am
This post is the concluding essay by the authors for a symposium published over at the Balkinization blog on the topic of “The Chevron Doctrine through the Lens of Comparative Law. [read post]
18 Oct 2023, 1:03 pm
Our peer-reviewed Journal of Free Speech Law, which is now nearly three years old, has published 65 articles, including by Jack Balkin (Yale), Mark Lemley (Stanford), Jeremy Waldron (NYU), Cynthia Estlund (NYU), Christopher Yoo (Penn), Danielle Citron (Virginia), Keith Whittington (Princeton, moving to Yale) (forthcoming), and many others—both prominent figures in the field and emerging young scholars (including ones who didn't have a tenure-track academic appointment). [read post]
17 Oct 2023, 6:30 am
For the Balkinization Symposium on The Chevron Doctrine through the Lens of Comparative LawSusan Rose-Ackerman & Oren Tamir Over the past two weeks, the Balkinization blog hosted a wide-ranging symposium about judicial deference to the statutory interpretations of administrative agencies (or the executive more broadly) around the world. [read post]
9 Oct 2023, 6:30 am
Hence also the rapid progress we made in putting plans together for wider dissemination of the discussions in two publications, the first of which is this short symposium on CE that Jack Balkin generously accepted to host in Balkinization. [read post]
27 Sep 2023, 8:00 am
And beginning today, and with many thanks to Jack Balkin for hosting us on Balkinization, this is what we are happy to launch. [read post]
25 Sep 2023, 10:39 am
How might you react to Jack Balkin’s suggestions (including his earlier discussion)? [read post]
31 Aug 2023, 6:47 am
As Jack Balkin has argued, the public sphere is not fixed in its definition or destination but is instead best understood as "the space in which people express opinions and exchange views that judge what is going on in society. [read post]
20 Aug 2023, 6:00 am
Walter Wheeler Cook, Hohfeld's Contribution to the Science of Law, 28 Yale Law Journal 721 (1918) Jack Balkin, The Hohfeldian approach to law and semiotics,44 U. [read post]
