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14 Jul 2010, 6:52 am
Even so, at Balkinization, Jack Balkin is already considering six scenarios for how the case could play out in the federal courts. [read post]
23 Mar 2010, 6:22 am
Jack Balkin, for example, thinks that this makes the case for the constitutionality of the individual mandate "easy. [read post]
6 Jul 2010, 7:39 am
At Balkinization, Jack Balkin argues that the logical extension of the Court’s interpretation of the Civil Rights Act of 1866—the “inadvertent” holding of McDonald—is that the entire Bill of Rights applies to the states, and that “the main holding in McDonald is completely superfluous and the Court reached out unnecessarily to decide a constitutional question. [read post]
10 Aug 2011, 10:46 am
In other words, in the recorded version of Wilson’s speech that Jack Balkin examines in his Commerce article in the Michigan Law Review and that Prof. [read post]
2 Mar 2010, 3:30 pm
” Constitutional Accountability Center filed a brief in McDonald on behalf of preeminent constitutional scholars, including Balkinization's own Jack Balkin, urging all the Justices, including Justice Scalia, to restore the Privilege or Immunities Clause to its rightful place.That’s not likely to happen in McDonald, if today’s argument is any guide, in large part because Justice Scalia and his colleagues, notably including Chief Justice Roberts,… [read post]
14 Apr 2010, 6:55 am
” At Balkinization, Jack Balkin draws an analogy to President Lincoln’s nomination of Samuel Chase to predict that “President Obama will nominate someone who is likely to sustain the President’s policies while he is in office, first, on the issues he cares about most at the time and, secondarily, the issues necessary to keep his political coalition together. [read post]
25 Sep 2009, 3:30 am
And Jack Balkin and Reva Siegel, in their introduction to the volume, argue that part of "our obligation to the Constitution" involves "[l]iving in faith with the past. [read post]
9 Jun 2020, 8:30 am
If Jack Balkin can be an originalist, why can’t we all? [read post]
20 Feb 2013, 8:58 am
Jack Balkin, Robin West, Nancy Rosenblum, Sotirios Barber and a great many of the other progressive constitutional thinkers Fleming and McClain discuss would also make outstanding Supreme Court justices. [read post]
25 Jan 2016, 12:00 pm
MehrotraThanks to Jack Balkin for hosting this blog post and to Joey Fishkin and Willy Forbath for organizing the Texas Law Review Symposium on “The Constitution and Economic Inequality. [read post]
23 Aug 2018, 6:22 am
Even if we concede that the democratic processes in the United States and other regimes that facilitated the rise of right-wing populism are badly flawed, the success of such movements globally demonstrates that a substantial and increasingly number of people in constitutional democracies are rejecting the dominant version of liberal constitutional democracy and successfully using existing constitutional forms to secure anti-liberal visions.Part I is devoted to background material on the… [read post]
12 May 2020, 6:30 am
For the Symposium on Gerald Leonard and Saul Cornell, The Partisan Republic: Democracy, Exclusion, and the Fall of the Founders' Constitution, 1780s-1830s (Cambridge University Press, 2019).Saul CornellI would like to thank Jack Balkin and Mark Graber for organizing this virtual symposium. [read post]
14 Oct 2014, 5:30 am
Building on the work of Robert Post, Eugene Volokh, Jack Balkin, and others, this conference explores this territory. [read post]
7 Mar 2020, 6:30 am
Hasen, Election Meltdown: Dirty Tricks, Distrust, and the Threat to American Democracy (Yale University Press, 2020).Rick HasenI am grateful to Jack Balkin for hosting this symposium on my book Election Meltdown and to the impressive symposium contributors for both their praise and their thoughtful critiques. [read post]
20 Feb 2013, 3:00 am
McClainWe are grateful to Jack Balkin for facilitating this symposium on our book, Ordered Liberty: Rights, Responsibilities, and Virtues (Harvard University Press, 2013). [read post]
13 Jun 2019, 6:30 am
For the symposium on Sanford Levinson and Jack M. [read post]
21 Jun 2019, 1:06 pm
When thinking about these and other somewhat outlandish science-fiction-like future scenarios, I often reflect on one of my favorite quotes from Jack Balkin:“If we assume that a technological development is important to law only if it creates something utterly new, and we can find analogues in the past—as we always can—we are likely to conclude that because the development is not new, it changes nothing important. [read post]
30 Aug 2015, 11:23 am
Like Bennett’s nondefense of living constitutionalism, if you are on that side of Balkin’s coin, you don’t see anything to defend. [read post]
21 Dec 2022, 6:00 am
In addition to his narrow critique of progressive opponents of originalism, Solum’s post offers a capsule history tracing progressive originalism from Frederick Douglass through Justice Hugo Black to Akhil Amar, Jack Balkin, and Justice Ketanji Brown Jackson. [read post]
3 Nov 2014, 7:12 pm
.* * *Before concluding, I want to reiterate my thanks to Linda McClain for organizing this symposium and to Jack Balkin for hosting it. [read post]
