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19 Dec 2018, 3:30 am
Toh is by no means the first scholar to have observed the connection between the two pursuits: Jerome Frank, Richard Posner, Sanford Levinson and Jack Balkin, and others have noted and analyzed the shared nature of the challenges that judges and musicians confront. [read post]
18 Feb 2009, 3:46 pm
I argue that a theory of constitutional change that focuses on how the Constitution is implemented through institutions over time amid the tensions between the "written" and the "unwritten," the "legal" and the "political," offers a better approach to understanding the Bush presidency than the major alternative theories offered by Karl Llewellyn, Bruce Ackerman, Jack Balkin and Sanford Levinson, and Keith Whittington. [read post]
8 Jan 2011, 9:49 am
--Jack M. [read post]
8 May 2008, 12:12 pm
., A Note on Senatorial Consideration of Supreme Court Nominees, 79 YALE L.J. 657, 657 (1969).)Jack Balkin is right that what McCain is up to is just the familiar game of partisan entrenchment. [read post]
18 Dec 2009, 8:55 am
As Jack Balkin has elucidated, the ability of groups such as the NRA (or the ACLU or NAACP) to mobilize constituencies, persuasively communicate their constitutional vision to the public, and influence the political process in favor of the appointment of sympathetic judges is a major force which shapes our living constitution. [read post]
13 Jun 2012, 2:58 pm
Two decades later, thanks to the work of Jack Balkin, Reva Siegel, Dawn Johnsen and others, there is more basic foundation of support for Casey’s understanding of fundamental constitutional principles: the Constitution’s text and history. [read post]
20 Jan 2010, 5:20 am
Here are the rankings of the stickiest law professor blogs (with Caron's rankings in parenthesis): 1. 3:30 Althouse (3) 2. 3:10 Jack Bog's Blog (9) 3. 2:40 Antitrust & Competition Policy Blog (34) 4. 2:35 Election Law Blog (33) 5. 2:27 Mirror of Justice (28) 6. 2:25 The Right Coast (19) 7. 2:23 Sentencing Law & Policy (11) 8. 2:21 Religion Clause (24) 9. 2:17 Sports Law Blog (25) 10. 2:15 Legal History Blog (27) 11. 2:13 Dissenting Justice (26) 12. 2:10 Prawfsblawg (13)… [read post]
1 Mar 2007, 2:35 am
.-- Jack M. [read post]
9 Mar 2010, 5:54 pm
” This is largely true, given that Jack Balkin now says that he is an originalist and reaches totally different results from other originalists (not to mention the disagreements among conservative originalists about what they are doing). [read post]
29 Nov 2016, 9:23 am
Jack M. [read post]
16 Aug 2012, 11:26 am
Our brief, filed on behalf of CAC and six of the nation’s most prominent constitutional scholars – Bruce Ackerman, Vikram Amar, Jack Balkin, Burt Neuborne, James Ryan, and Adam Winkler – demonstrates that the text and history of the Fourteenth Amendment permit government to take race into account in certain circumstances in order to ensure equality of opportunity for all persons regardless of race. [read post]
30 Apr 2012, 8:39 am
In many respects Calabresi and Rickert’s methodologies bear many similarities to Jack Balkin’s Living Originalism, in that both focus on the original meaning of a law but look to events that postdate the law’s enactment to give the text legal effect. [read post]
26 Sep 2009, 2:09 am
Holder - Jack Balkin and I both felt the Court was responding to the political environment the justices face. [read post]
28 Jul 2011, 8:55 am
Balkin & Reva B. [read post]
14 May 2007, 1:40 pm
Jack Balkin has noted various "infrastructural requirements" for the enjoyment of certain rights. [read post]
17 Jun 2011, 1:55 pm
This is Page 6 for legal types, I suppose (Jack Balkin calls me the Perez Hilton of the legal blogosphere; it fits). [read post]
24 Apr 2012, 9:52 am
He thus disagrees with scholars such as Barry Friedman and Jack Balkin who contend that the Court rarely deviates for very long from majority preferences. [read post]
18 Nov 2007, 8:45 am
Assembling recent DP deterrence literature UPDATE: Professor Jack Balkin add his two cents to this debate with this new post, entitled "Does the Death Penalty Deter? [read post]
14 Sep 2024, 8:30 am
I thank Professors Jack Balkin and Erin Delaney for organizing and participating in this symposium on the book. [read post]
27 Jul 2024, 6:30 am
For the Balkinization Symposium on Alison L. [read post]
