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18 Jan 2023, 6:30 am by Guest Blogger
For the Balkinization 20th Anniversary SymposiumBruce Ackerman            Americans confronts a host of problems in their struggle to sustain their democracy in the twenty-first century – from partisan gerrymandering to presidential war-making to …. [read post]
20 May 2014, 6:08 am by Bruce Ackerman
For the Symposium on Bruce Ackerman, We The People, Volume Three: The Civil Rights RevolutionThe Symposium raises two large themes, with many variations. [read post]
26 Jan 2023, 8:00 am by Guest Blogger
  Until relatively recently, Article V and the hurdles it presented to formal constitutional amendment was seen as a feature rather than a bug, especially if one credited the constitutional theories of esteemed scholars like David Strauss or Bruce Ackerman. [read post]
13 Sep 2010, 5:11 am by Gerard Magliocca
., 2 Bruce Ackerman, We The People:  Transformations 302 (1998) (“I have been focusing on the supreme importance of the Schechter decision in refining the emerging New Deal vision of activist government. [read post]
27 Sep 2011, 5:57 pm by Edward A. Fallone
Recent news reports make much of the fact that, with one exception, none of the current Republican candidates for President has been willing to embrace the theory of evolution as the commonly accepted explanation of how the multiple forms of life currently existing on our planet came to be. [read post]
27 Jul 2007, 4:19 am
People sometimes use the terms "basic law" and "higher law" interchangeably; for example, the German Basic Law strongly protects human dignity, and Bruce Ackerman has famously argued that constitutional amendment outside of Article V is an example of "higher lawmaking. [read post]
30 May 2012, 5:32 am by Rob Robinson
bit.ly/KQ5NOR (Jason Krause) Inadvertent Disclosure By Expert Waives Privilege – bit.ly/KBQFpH (Doug Austin) Insights from the ABA National Institute on eDiscovery - Part 2 – bit.ly/K0eKIg (Wystan Ackerman) Is Your Privilege Mired in Your TAR? [read post]
14 Feb 2010, 3:45 pm by Lawrence Solum
Introduction Distributive justice is one of the central topics of political philosophy and plays a key role in contemporary debates about normative legal theory. [read post]
29 Feb 2024, 7:15 pm by Barbara Moreno
Bruce Ackerman, The Decline and Fall of the American Republic (2010). 72. [read post]
12 Aug 2007, 7:00 pm
Introduction Distributive justice is one of the central topics of political philosophy and plays a key role in contemporary debates about normative legal theory. [read post]
12 Jan 2012, 2:58 pm by Benjamin Wittes
: Reconciling Crisis and Constraint at the Office of Legal Counsel,  which argues that Bruce Ackerman’s proposal to transform OLC into a “Supreme Executive Tribunal” – reviewed by Trevor here – would yield the worst of both worlds – the rigidity of courts, plus the strategic behavior of executive agencies.) [read post]
1 Sep 2012, 12:17 pm by Joey Fishkin
  I have in mind protections like those of the 24th Amendment, the anti-poll tax amendment, which Bruce Ackerman and Jennifer Nou have shown could have been and nearly was the basis for Harper, and which remains a powerful reason to invalidate voter ID laws today when those laws amount to poll taxes in federal elections.Thursday’s decision had something interesting to say about the question I highlighted in my last post about the adequacy of absentee ballots as a… [read post]
20 May 2008, 5:24 am
Bruce Ackerman says transformative opinions, de facto constitutional amendments. [read post]
9 Nov 2008, 1:10 pm
Introduction Distributive justice is one of the central topics of political philosophy and plays a key role in contemporary debates about normative legal theory. [read post]
15 Jun 2019, 8:00 am by Guest Blogger
  If one thinks at it in this way, Conservatives and the Constitution is in dialogue with important theories of constitutional regimes and constitutional change like Bruce Ackerman’s. [read post]
13 Jan 2023, 6:30 am by Guest Blogger
  So is Bruce Ackerman’s dualist theory. [read post]
14 Nov 2019, 6:30 am by Guest Blogger
As Bruce Ackerman pointed out years ago, the New Deal Court embraced John Marshall and McCulloch in order to add a patina of original understanding to its startling restructuring of federal power. [read post]
22 Apr 2019, 6:30 am by Guest Blogger
Or BassokIn a recent post, Neil Siegel describes a “major concern expressed during the partisan gerrymandering litigation before the Supreme Court over the past two terms”— “that the Court’s public legitimacy may suffer if it holds that federal courts may adjudicate the merits of political gerrymandering claims. [read post]
15 Nov 2019, 6:30 am by Sandy Levinson
 It is worth noting that Bruce Ackerman's important rendering of the the New Deal as a "constitutional moment" amending the Constitution outside Article V in effect requires ignoring, or at least diminishing the relevance, of McCulloch. [read post]