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24 Oct 2018, 6:00 am
A strong version of Gienapp’s thesis could mark a true interpretative revolution.But before we original law originalists pack it in, there are some questions that will require further study and engagement with Gienapp’s research. [read post]
23 Oct 2018, 10:36 am
” In earlier entries in that symposium, Mark Graber has a post titled “Fixation as a Constitutional Rhetoric. [read post]
22 Oct 2018, 6:01 am
Jonathan Leader Maynard and Susan Benesch have observed that it is “one of the most underdeveloped components of genocide and atrocity prevention, in both theory and practice”—and that’s before social media enters the picture. [read post]
15 Oct 2018, 2:06 pm
Jonathan Gerber2:30 p.m. [read post]
15 Oct 2018, 7:50 am
This week and next at Balkinization we are hosting a symposium on Jonathan Gienapp's new book, The Second Creation: Fixing the American Constitution in the Founding Era (Belknap Press 2018).We have assembled a terrific group of commentators, including Will Baude (Chicago), Mark Graber (Maryland), Steve Griffin (Tulane), Alison LaCroix (Chicago), Sanford Levinson (Texas), Gerard Magliocca (Indiana), Bernadette Meyler (Stanford), John Mikhail (Georgetown), Christina Mulligan… [read post]
10 Oct 2018, 10:42 am
” Jonathan Browning of Bloomberg News reports that “Christian Bakers Who Refused to Make ‘Gay Cake’ Win U.K. [read post]
5 Oct 2018, 3:00 pm
Virginia criminal lawyer Jonathan L. [read post]
4 Oct 2018, 4:39 am
San, LLC v Zucker & Kwestel, LLP, 112 AD3d 796, 797 [internal quotation marks omitted]; see Ginsburg Dev. [read post]
2 Oct 2018, 4:11 am
” Mark Walsh offers a first-hand account of yesterday’s arguments at this blog. [read post]
20 Sep 2018, 9:01 pm
Ordinarily, ratification of 38 states (out of 50) would be sufficient to adopt an amendment and make it part of the Constitution, and thus adoption by a 37th state would mark an important legal development. [read post]
12 Sep 2018, 5:03 am
This represents a marked departure from the relaxed standing requirements used in prior freedom of speech cases, especially those involving speech codes. [read post]
11 Sep 2018, 12:13 pm
Yvonne and Joseph Cordell“I am grateful to Joseph and Yvonne not only for their financial generosity but also for their farsightedness and wisdom in knowing the importance of these issues in the world today and well into the future,” Chancellor Mark S. [read post]
5 Sep 2018, 11:46 am
Those tariffs marked the second and final installment in the first $50 billion wave of tech-related tariffs. [read post]
5 Sep 2018, 11:46 am
Those tariffs marked the second and final installment in the first $50 billion wave of tech-related tariffs. [read post]
30 Aug 2018, 4:44 pm
In an August 24, 2018 opinion in United States v. [read post]
30 Aug 2018, 8:03 am
On the night of the nomination, a team of staffers, along with the First Mondays commentators, live-blogged, Amy reported on the announcement, Mark Walsh provided a “view” from the East Room, and Jon Levitan rounded-up early coverage and commentary. [read post]
28 Aug 2018, 7:30 am
Participants in other panels at the conference include Mark Tushnet (Harvard), Jamal Greene (Columbia), Adam Liptak (New York Times), Pamela Karlan (Stanford), and VC bloggers Jonathan Adler, Eugene Volokh, and Sasha Volokh, among others. [read post]
27 Aug 2018, 2:30 pm
§ 1052(d) (providing a mark may not be placed on theprincipal register if it so resembles a mark already registered“as to be likely . . . to cause confusion”). [read post]
21 Aug 2018, 1:01 am
Siler averred that the annexation of Hawaii marked a turning point for the United States: This was the first time in America’s history that we reached beyond our mainland shores and took a nation that had been independent, sovereign, recognized by the other great powers. [read post]
20 Aug 2018, 2:00 am
”—Susanna Clarke, Jonathan Strange and Mr. [read post]
