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17 May 2018, 9:58 am
But, as suggested above, it is also attributable to the fact that contemporary debates about the US Constitution feature a fair amount of what Jack Balkin calls “ideological drift. [read post]
29 Feb 2024, 7:00 am
Jack Balkin’s 1993 paper on “ideological drift” helpfully explains: The sincere individual who lives, as we all do, in the currents of ideological drift, does not perceive her beliefs in this way. [read post]
27 Oct 2019, 8:04 pm
In connection with traditionalism, Jack Balkin noted the problem on this blog (so long ago that I lack the technical capacity to retrieve it!) [read post]
6 Sep 2024, 4:26 pm
(I can’t resist here an observation applicable to characterizing Jack Balkin as an originalist [as well as Baude-Sachs], from an anecdote associated with Abraham Lincoln: Asked, “How many legs does a horse have if you call its tail a leg? [read post]
26 Oct 2018, 8:00 am
Outside of the medical context, Jack Balkin explains that a rapid move from “the age of the Internet to the Algorithmic Society” is underway. [read post]
28 Jun 2024, 10:58 am
Hodges Should Have Said: The Nation’s Top Legal Experts Rewrite America’s Same-Sex Decision by Jack M. [read post]
21 Aug 2013, 7:59 am
Jack M. [read post]
14 Apr 2010, 7:24 pm
My dear friend Sandy Levinson posts briefly on this over at Balkinization, and comments on a speech by Jack Goldsmith at University of Texas: I note that Jack Goldsmith gave an excellent talk at the University of Texas last week making the argument that in almost all fundamental respects the Obama Administration is continuing the “anti– and counter-terrorism” policies of the “second Bush Administration,” i.e., the second-term Bush presidency… [read post]
14 Apr 2010, 7:43 pm
My dear friend Sandy Levinson posts briefly on this over at Balkinization, and comments on a speech by Jack Goldsmith at University of Texas: I note that Jack Goldsmith gave an excellent talk at the University of Texas last week making the argument that in almost all fundamental respects the Obama Administration is continuing the “anti– and counter-terrorism” policies of the “second Bush Administration,” i.e., the second-term Bush… [read post]
9 Apr 2012, 6:12 pm
My forthcoming essay also reviews Jack Balkin's recent book, Living Originalism. [read post]
18 Apr 2007, 11:16 am
Balkin continues: On the other hand, if Roe v. [read post]
3 Jan 2019, 10:15 am
ONLINE SERVICE PROVIDERS AS INFORMATION FIDUCIARIES One can trace the conceptual basis of the Data Care Act to Professor Jack Balkin’s paper entitled “Information Fiduciaries”. [read post]
25 Jul 2007, 7:31 am
But Jack Balkin, also of Yale Law School, advocates a different approach. [read post]
15 Jun 2025, 6:30 am
For the Balkinization symposium in honor of Ken Kersch James E. [read post]
20 May 2014, 6:08 am
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]
6 Jul 2023, 6:30 am
And I accept Jack Balkin’s point that federal systems require more judicial review than unitary systems. [read post]
3 Jul 2011, 7:57 am
For an example of sophisticated use of "constitutional principles," by a contemporary legal theorist, check out the links Jack Balkin's work on the method of "text and principle" at the end of this Lexicon entry. [read post]
10 Aug 2011, 8:50 am
According to Jack Balkin, James Wilson explained to his Pennsylvania audience that “the purpose of enumeration was not to displace the principle [of Resolution VI] but to enact it. [read post]
1 Nov 2018, 6:00 am
The Substitution EffectIn a very thoughtful elaboration of Ryan Calo’s well known claim that robots exhibit social valence, the main Balkinizer himself, Jack Balkin, has made a number of interesting observations about what happens when we let robots and AIs stand in for humans and treat them as such. [read post]
18 May 2023, 6:30 am
And, of course, I remain grateful to Jack Balkin, whose invaluable blog Balkinization has just celebrated its 20th anniversary, for offering the opportunity to provide a permanent record of the various sessions. [read post]
