Search for: "Jack Balkin"
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12 Apr 2009, 1:20 pm
CRS, following some earlier suggestions by Jack Balkin, thinks that empowering the legislature might violate the anti-commandeering aspects of the 10th Amendment. [read post]
9 Apr 2021, 10:27 am
Cardozo School of Law Kate Andrias, professor of law at the University of Michigan Jack M. [read post]
7 Jul 2024, 6:00 am
Anti-Canonical Cases Jack Balkin suggested the idea of an "anti-canon" in a law review article in 2005. [read post]
11 Sep 2022, 6:00 am
Anti-Canonical Cases Jack Balkin suggested the idea of an "anti-canon" in a law review article in 2005. [read post]
5 Jan 2011, 10:18 am
Korematsu is almost universally acknowledged among serious constitutional lawyers to have been not just wrong, but so egregiously wrong as to warrant inclusion in what Jack Balkin, Sandy Levinson, and others have termed the “anticanon” of U.S. constitutional law. [read post]
4 Aug 2010, 2:40 pm
For a thoughtful and articulate analysis of the standing issues, see Jack Balkin's blog, Judge Preserves Constitutional Challenge to Individual Mandate (Aug. 2, 2010) [hat tip Ellen Aprill and the Tax Prof discussion group]. [read post]
11 Aug 2010, 9:20 am
Jack Balkin professes to be a new originalist as well, although there is debate over whether he should be admitted to the club. [read post]
13 Jun 2006, 8:06 am
Tenet, supra, did); if not, then the legitimate aim of protecting national security would not be engaged, or would not be sufficient to displace the human rights of the private party (see also on this whole issue of judicial oversight in the operation of the state secrets doctrine Jack Balkin’s post at Balkinization; as will appear shortly, I completely agree with his conclusions).It is furthermore difficult to see how it could be necessary to refuse disclosure even… [read post]
18 Jun 2011, 1:42 pm
What doctors tell patients before providing abortions is obviously not interstate commerce, all the more so since the vast majority of patients do not cross state lines to obtain abortions.Yale’s Jack Balkin makes the argument that in the original meaning, “commerce” means “intercourse,” and thus the original meaning allows a vast amount of federal regulation of intra-state, non-economic activity. [read post]
1 Jan 2013, 9:01 pm
Indeed, Yale Law Professor Jack Balkin recently wrote a book with the arresting title of Living Originalism,in which he argues that new originalism is a form of living constitutionalism. [read post]
10 May 2010, 8:46 pm
” At Balkinization, Jack Balkin recounts his prediction last year that the president would nominate someone who was a social liberal but who had worked in the executive branch and supported presidential power on war on terror issues. [read post]
21 Dec 2008, 2:58 pm
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]
18 Apr 2007, 8:20 pm
I think Jack Balkin's response to Levinson hints at why it is wrong but doesn't go the full distance: [T]his fails to account for how Roe would be overruled in practice. [read post]
23 Sep 2007, 5:01 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]
5 Jun 2022, 6:00 am
Moreover, some of the theorists who are called “New Originalists” have theories of constitutional construction that permit normative considerations to enter into the decision of cases inside the construction zone: Jack Balkin's "living originalism" or "framework originalism" is a prominent example. [read post]
23 Apr 2007, 6:05 am
Obviously, my reasons for objecting to the majority opinion are different from Jack Balkin's and Marty Lederman's (posted nearby). [read post]
8 Jun 2022, 7:00 am
One alternative is, if I may, Balkinian: pursue incremental reforms, and trust that the cycles of constitutional time will produce more democratic leadership (Balkin 2020). [read post]
27 Jul 2022, 10:33 am
Adrian Vermeule I thank Jack Balkin for his good offices in organizing the symposium on Common Good Constitutionalism (CGC), and also thank the participants for their thoughts. [read post]
5 May 2013, 7:17 am
Seana Shiffrin, Lying and the Law Discussant: Jack Balkin Chapter of book on sincerity and law. [read post]
27 Jul 2024, 6:00 am
As I have written, and as our host Jack Balkin has detailed, their predecessors recognized these necessities, and deployed them, at earlier historical moments when the liberal enlightenment values enshrined by the Constitution were similarly up for grabs – FDR, Lincoln, Frederick Douglass, and the original framers themselves. [read post]
