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15 Jun 2015, 10:03 am
Joseph Fishkin, University of Texas Law SchoolA recent story perfectly embodied the central puzzle in a paper that we recently published in the Supreme Court Review. [read post]
18 Mar 2017, 12:53 pm
As Joseph Fishkin points out with respect to Shelby County, the legacies of the Civil War and Reconstruction are still with us when the Court uses doctrines such as the “equal dignity” of states. [read post]
30 Apr 2022, 10:17 am
Having recently read and reflected upon Joseph Fishkin and Willi Forbath’s book, I think that the “new political economy” folks have a solid intellectual foundation for moving forward. [read post]
18 Oct 2023, 7:00 am
The case is set for argument on December 5th, and together with Joseph Fishkin and William Forbath, I have submitted an amicus brief that seeks to establish that the case confronts the originalists on the Court with a crucial test – they can protect the wealthy from taxation only at the price of repudiating the Original Understanding of the Income Tax Amendment. [read post]
5 Mar 2020, 6:30 am
As Joseph Fishkin pointsout in this symposium, there could be a tension between efforts to protect the objective fairness and accuracy of elections and the public’s subjective sense that elections are fair and electoral outcomes are accurate. [read post]
6 Jul 2023, 6:30 am
Joseph Fishkin suggests that I too readily identify constitutionalism with a particular expression of American constitutional practice. [read post]
19 Sep 2022, 6:30 am
This post was prepared for a roundtable on Comparative Constitutional Design, convened as part of LevinsonFest 2022—a year-long series gathering scholars from diverse disciplines and viewpoints to reflect on Sandy Levinson’s influential work in constitutional law. [read post]
9 Apr 2019, 6:00 am
David Pozen and Joseph Fishkin in their Columbia Law Review essay, “Asymmetic Constitutional Hardball,“ document how conservative Republicans are far more likely than Democrats to overthrow longstanding constitutional conventions, particularly when staffing the federal courts. [read post]
12 Apr 2022, 8:35 am
What Novak has given us can perhaps be seen as a major contribution to an overall narrative of U.S. constitutional development with threelines proceeding in parallel: a state of negative liberty emphasized in one literature, an empowered government in Novak’s account, and a government of positive duties as described in Joseph Fishkin and William Forbath’s Antioligarchy Constitution (to be discussed in a forthcoming Balkinization review symposium). [read post]
19 Jan 2023, 8:00 am
For the Balkinization 20th Anniversary SymposiumJoseph Fishkin & William E. [read post]
11 Sep 2022, 6:30 am
Yet, in the last few years, progressive law professors like Ganesh Sitaraman and Joseph Fishkin and William Forbath have urged that our Constitution is, at its foundations, “middle-class” and “anti-oligarchy. [read post]
28 Jun 2018, 9:01 am
By Joseph Fishkin & William E. [read post]
8 Aug 2024, 6:30 am
July 15, 2022Balkinization Symposium on Adrian Vermeule, Common Good Constitutionalism (Polity Press 2022).June 24, 2022LevinsonFest on Law, Literature, and Other Performing Arts.June 22, 2022Balkinization Symposium on Joseph Fishkin and William Forbath, The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy (Harvard University Press, 2022).June 15, 2022LevinsonFest on Constitutional Faith… [read post]
16 Dec 2024, 6:30 am
As Joseph Fishkin and William Forbath have shown, the notion that the Constitution does not put its weight behind any particular “economic theory” is late in developing and against the weight of the evidence. [read post]
5 Jul 2023, 10:12 am
Joseph Fishkin predicts that litigation over spending powers will emerge as the next major battleground in the ongoing war against the administrative state. [read post]
6 Mar 2019, 7:18 am
Through a combination of luck, the Electoral College, and what Professors Joseph Fishkin and David Pozen call “asymmetrical constitutional hardball,” Republican presidents have named 14 of 18 justices in the last 50 years, despite losing the popular vote in a majority of presidential elections during that period. [read post]
3 May 2012, 10:54 am
Read more… 1888 Weightless Votes Joseph Fishkin 121 Yale L.J. 1888 (2012). [read post]
12 Apr 2010, 4:55 am
Plecnik; JD 2006 Duke University; LLM 2009 New York University Taxation; United States Tax Court; Tax Law Columbia University Abbe Gluck; JD 2000 Yale University; Academic Fellow Columbia University; United States Supreme Court; Legislation Faulkner University Layne Keele; JD 2005 Indiana University; ; United States Court of Appeals; Florida International University Noah Weisbord; LLB 2003 McGill University; LLM 2004 Harvard University, SJD 2010 Harvard University; Visiting Assistant Professor Duke… [read post]
27 Oct 2020, 9:01 pm
As I shall explain, any assessment of the relative costs and benefits of these and other proposals depends crucially on what exactly one thinks the problem is.Defining the ProblemMost Democrats see the current problem as one of what legal scholars Joseph Fishkin and David Pozen term “asymmetrical constitutional hardball. [read post]
1 Dec 2017, 1:02 pm
It’s more or less the same flaw that Joseph Fishkin and Cary Franklin went to town on when the New York Times ran a cognate story two years ago about the ostensible liberalism of the Court as a whole. [read post]
