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22 Jul 2024, 10:24 am by Rick Garnett
  As Jack Balkin has argued in his recent study of the “uses of history in constitutional interpretation,” historians are taught to “relish and respect” “ambiguity” and the “complexity and multivocality of the past. [read post]
26 Mar 2008, 4:31 pm
The Program’s co-directors are Professors Jack Balkin and Robert Post ’77. [read post]
21 Jun 2008, 4:33 am
Update: Jack Balkin says, from Obama’s perspective, what’s not to like?. [read post]
2 Jul 2012, 11:26 am by Max Kennerly, Esq.
Jack Balkin said in May that Obamacare was plainly a tax, and similarly thought Roberts and Justice Kennedy would go that route. [read post]
9 Jul 2009, 10:00 am
Balkin (Information Society Project, Yale Law School) and Deborah L. [read post]
16 Oct 2010, 12:57 pm by Sandy Levinson
Might it be too threatening for, say, David Bernstein, who announced his forthcoming talk to the Federalist Society (with a comment to follow by Jack Balkin) on his new book that attempts to rehabilitate Lochner, to admit that at least sometimes there is a role for the "rescuing state," which, almost by definition, must take from those who have in order to provide for those who don't? [read post]
4 Jan 2011, 6:46 am by Bruce Ackerman
The very definition of "off the wall" argument changes -- as Jack Balkin puts it -- even when judicial moderation reigns.Nevertheless, a supermajority rule generates a very different evolutionary pattern from one in which the filibuster were eliminated. [read post]
29 Jun 2012, 1:55 pm by Mark Graber
That Constitution, as elaborated in different ways by Jack Balkin, Frank Michelman, Alexander Tsesis, Rebecca Zietlow, Sot Barber and many others (one always loses friends composing these lists) goes something like this. [read post]
7 Feb 2012, 11:36 am by Marvin Ammori
It is government policy in designing these speech spaces that may be the most important First Amendment policies of our time, something Jack Balkin and others have observed. [read post]
29 Mar 2012, 1:58 pm by nflatow
There is much with which I agree in the vision of The Constitution in 2020  set out in the book co-edited by my friends and casebook co-editors Jack Balkin and Reva Siegel. [read post]
22 Jun 2011, 8:50 am by Lovechilde
”   What is going on here is what Yale law professor Jack Balkin contends is part of the dramatic shift since 9/11 towards the "normalization and legitimization of a national-surveilance state. [read post]
29 Jun 2012, 7:07 pm by Ilya Somin
As Jack Balkin might put it, judicial enforcement of federalism has moved from “off the wall” to “on the wall. [read post]
6 Aug 2011, 9:40 pm by Eugene Volokh
To quote the abstract of the article,In the past few years, a number of influential constitutional scholars such as Jack Balkin, Robert Cooter, Andrew Koppelman, Neil Siegel and others have called for doing away with the traditional principle of judicially limited enumerated power and replacing it with the principle declared in Resolution VI of the Virginia Plan originally introduced in the Philadelphia Constitutional Convention. [read post]
12 Mar 2010, 1:49 pm
As Yale Law Professor Jack Balkin has argued, FDR devoted almost 1/4 of his 1937 SOTUA to criticizing the Court.Bottom LineIt is important to analyze Obama's few seconds of commentary about the Court from an historical perspective. [read post]
19 Mar 2008, 9:03 am
  It's not that I necessarily disagree with the many distinguished progressive scholars (Jack Balkin, Larry Tribe) who think there may actually be an individual right lurking in the obscure text of U.S. [read post]
19 Feb 2008, 4:32 am
Its author will join a panel consisting of Professor Jack Balkin, Professor Steven Calabresi, Judge Alex Kozinski, and Professor Suzanna Sherry. [read post]
11 Feb 2014, 6:42 am by Randy J. Kozel
Scholars such as Randy Barnett, Keith Whittington, and Jack Balkin have offered thoughtful proposals for how judges should handle the enterprise of constitutional construction. [read post]
7 Jun 2012, 6:29 am by Cormac Early
 And the Constitution Daily blog of the National Constitution Center reports on a panel discussion on the Commerce Clause, in which Jack Balkin and Randy Barnett discussed the health care litigation. [read post]