Search for: "Philip Bobbitt"
Results 81 - 100
of 109
Sorted by Relevance
|
Sort by Date
5 Mar 2018, 6:50 am
Most people in constitutional theory know about Philip Bobbitt's famous catalog of topics, which he called "modalities. [read post]
5 Mar 2018, 6:50 am
Most people in constitutional theory know about Philip Bobbitt's famous catalog of topics, which he called "modalities. [read post]
29 Jun 2010, 9:44 am
For those of us who insist to our students that a historical approach to constitutional law (as, for example, Philip Bobbitt lists among his six modalities of constitutional argument) need not be an originalist approach, and that larding a brief with a few citations to The Federalist does not amount to historical analysis, the McDonald decision suggests that the originalism-history equivalence remains distressingly fixed. [read post]
30 Oct 2007, 9:56 am
He points out that:When it comes to constitutional interpretation in the United States, certainly at the highest appellate levels (where precedent imposes the least constraint), there is no convergent practice of behavior by judges: they tend towards opportunism (a point famously captured in my colleague Philip Bobbitt's 1982 book on Constitutional Fate, though that was not his primary aim). [read post]
26 Feb 2021, 4:48 pm
Baroness Helena Kennedy QC Director, IBA Human Rights Institute moderated a distinguished panel of legal scholars including Professor Laurence Tribe, Harvard University; Professor Philip Bobbitt, Columbia University; Elaine Kamarck, Founding Director of the Center for Effective Public Management at the Brookings Institution; and Jonathan Freedland, political commentator and contributor to the Guardian, London. ● The recent GNI Learning Forum, “What Does… [read post]
24 Apr 2008, 4:32 am
On this, see my colleague Philip Bobbitt's new book Terror and Consent . [read post]
12 Apr 2008, 9:04 am
(On this, see Niall Ferguson's review of my friend and colleague Philip Bobbitt's new book on Terror and Consent: The Wars for the Twenty-first Century, which will appear in tomorrow's New York Times.) 4) I have also recently read William Stevenson's The Man Called Intrepid, about all sorts of irregular and illegal activities that book place both in Great Britain and the United States prior to the formal outbreak of World War II. [read post]
29 Jun 2010, 9:29 am
For those of us who insist to our students that a historical approach to constitutional law (as, for example, Philip Bobbitt lists among his six modalities of constitutional argument) need not be an originalist approach, and that larding a brief with a few citations to The Federalist does not amount to historical analysis, the McDonald decision suggests that the originalism-history equivalence remains distressingly fixed. [read post]
8 Oct 2019, 7:34 am
” Professor Philip Bobbitt has cited Chief Justice Warren as a leading practitioner of argument from constitutional ethos, the bedrock American values—like fundamental fairness—embodied in our Constitution. [read post]
10 Jan 2024, 1:27 am
Bobbitt Herbert Wechsler Professor of Federal Jurisprudence Columbia Law School Corey Brettschneider Professor of Political Science Brown University Erwin Chemerinsky Dean and Jesse H. [read post]
2 May 2011, 8:31 am
Fourthly, there is another “Comment is Free” piece, this time by US law professor Philip Bobbitt entitled “Injunctions protect the public sphere“. [read post]
5 Jul 2022, 9:01 pm
In today’s column, I criticize its reliance on the views of liberal scholars.In a single paragraph, Justice Alito cites John Hart Ely, Archibald Cox, Laurence Tribe, Mark Tushnet, Philip Bobbitt, and Akhil Amar for the proposition that the reasoning of Roe v. [read post]
20 Oct 2011, 12:53 am
Drawing inspiration from a passage in US constitutional scholar Philip Bobbitt’s study “The Shield of Achilles” (see para. 3 of the speech), Lord Neuberger introduced his speech by saying that: The growth of technology, and especially of the internet, regulatory reform, recent and possibly further constitutional reform, the present economic situation and, if Bobbitt is right, the transformation of the nation-state into the market state, all suggest that… [read post]
2 Feb 2020, 11:48 am
The answer is not really, for a simple reason: In terms of what Philip Bobbitt has labeled the "modalities" of constitutional argument, Dershowitz is focusing relentlessly on one of them, "textualism," which relies for its strength on a naive approach to language that can be summarized by "what meaning of 'no' do you not understand? [read post]
27 Sep 2024, 7:30 am
For the Balkinization symposium on Aileen Kavanagh, The Collaborative Constitution (Cambridge University Press, 2023). [read post]
29 Oct 2021, 7:00 am
Like Philip Bobbitt’s The Shield of Achilles, it is a grand, overarching narrative of constitutional development that attributes primary import to geostrategic factors, and, like all overarching narratives, it is undoubtedly subject to inevitable nominalist arguments that Albania or Zanzibar, let alone other countries in between, is importantly different. [read post]
23 Mar 2012, 7:31 am
At Balkanization, Philip Bobbitt has posted an argument in the form of a mock amicus brief arguing that the Court could uphold the individual mandate under Congress’s power to provide for the “common Defence”; Mary Dudziak replies at the Legal History Blog. [read post]
11 May 2007, 10:25 am
Constitutional arguments, as Philip Bobbitt has shown us, draw on text, original intent, the constitutional structure, precedent, ethical considerations, and prudence. [read post]
11 May 2007, 10:25 am
Constitutional arguments, as Philip Bobbitt has shown us, draw on text, original intent, the constitutional structure, precedent, ethical considerations, and prudence. [read post]
31 Dec 2009, 2:09 pm
That's part of what makes it so "relentlessly tactical," as I have quoted Philip Bobbitt (one of the grand strategists, one of the few who can strategically link military history and strategy, diplomacy, and law). [read post]
