Search for: "Jack Balkin"
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30 Apr 2014, 5:58 am
As I have written elsewhere, and as Jack Balkin has written in an excellent recent piece, these unique origins of American constitutionalism might help us understand why originalism is such a central part of the constitutional debate in the United States. [read post]
11 Jun 2019, 7:30 am
For the symposium on Sanford Levinson and Jack M. [read post]
9 Feb 2016, 6:11 pm
As Jack Balkin observed in his response to Calo's "Robotics and the Lessons of Cyberlaw," technology concerns not only "the relationship of persons to things but rather the social relationships between people that are mediated by things. [read post]
4 Apr 2022, 4:30 am
After summarizing how even liberals like Professor Jack Balkin have embraced some form of originalism, and how some hard-core originalists like the Federalist Society's co-founder Professor Steve Calabresi argued that same-sex marriage bans should be deemed unconstitutional by judges using originalism, Casey and Vermule conclude their essay as follows:Against this backdrop, Jackson’s comments this past week are best read as the self-defeating triumph of a vacuous… [read post]
3 Nov 2015, 8:47 am
Our brief, filed on behalf of CAC and six of the nation’s most prominent constitutional scholars—Bruce Ackerman, Jack Balkin, Burt Neuborne, James Ryan, Eric Schnapper, and Adam Winkler—demonstrates that the text and history of the Fourteenth Amendment permit the government to take race into account in certain circumstances in order to ensure equality of opportunity for all persons regardless of race. [read post]
27 Jan 2020, 2:17 pm
(On this, see Jack Balkin’s post.)As I’ve noted, the key point is that impeachment, understood as a process for determining political morality, doesn’t have a stable meaning determinable either at the moment or even in retrospect. [read post]
10 Sep 2016, 7:30 pm
Under those circumstances, wouldn't the paralysis caused by divided government, whatever its "fit" with a certain demented model of Madisonianism (demented because Madison despised the idea of political parties, at least when writing Federalist 10 and warning us about "factions"), accurately be described as a type-2 "constitutional crisis" within the typology set out by Jack Balkin and myself some years ago? [read post]
29 Jul 2017, 7:18 am
In Jack Balkin’s terms, it seems to have moved some ideas from “off the wall” to “on the wall,” or at least put them on that path. [read post]
18 Apr 2017, 6:15 pm
Balkin, Jack M., Digital Speech and Democratic Culture: A Theory of Freedom of Expression for the Information Society, 79 N.Y.U. [read post]
2 Feb 2016, 8:44 pm
Jack Balkin refers to the "constitutional trifecta," though maybe it should really be the "quadrifecta. [read post]
23 Aug 2016, 2:06 pm
I largely agree with Jack Balkin’s suggestion that Catholicism and Protestantism in Levinson’s system can profitably be understood as a nested opposition rather than a strict dichotomy—but that’s beside the point for the moment. [read post]
15 Jun 2019, 6:30 am
For the symposium on Sanford Levinson and Jack M. [read post]
16 Feb 2016, 8:30 am
He posed as Raoul Berger, but was far closer in spirit to Jack Balkin. [read post]
29 May 2018, 8:28 am
But if I have learned anything lately about how constitutional politics works, I have learned that even the wildest argument, with the most gossamer basis in any of the standard modalities of constitutional interpretation, can sometimes move from “off the wall” to “on the wall,” as Jack Balkin says, in short order. [read post]
14 Jun 2019, 6:30 am
For the symposium on Sanford Levinson and Jack M. [read post]
13 May 2022, 4:36 pm
One might surmise, incidentally, as Jack Balkin and I did in an article published some years so in the Columbia Law Review, that a country built on multiple forms of illegitimate domination has a deep ideological interest in neutering the force of the Amendment by the altogether unfounded suggestion that it refers only to chattel slavery, and even then only to selective features of chattel slavery that we can assure ourselves are no longer present in our own world. [read post]
29 Oct 2024, 4:00 am
There are exceptions, like Jack Balkin and Akhil Amar, but that's what they are, exceptions. [read post]
12 Jun 2019, 6:30 am
For the symposium on Sanford Levinson and Jack M. [read post]
8 Jan 2016, 8:35 am
University of Texas on behalf of some of the nation’s leading constitutional law scholars, including Professors Bruce Ackerman, Jack Balkin, Burt Neuborne, James Ryan, Eric Schnapper, and Adam Winkler, as bad, revisionist history. [read post]
25 Jul 2018, 6:00 am
In addition to Jack Balkin and Jonathan Zittrain’s proposed “information fiduciary” duties regarding the use of customer data, IoT fiduciaries would have duties that reflect the nature of the service they provide and their particular ability to cause physical harm.Like other fiduciaries, IoT companies would have a duty of care; specifically, a duty not to foreseeably cause harm to their consumers when discontinuing service, remotely altering a device, or … [read post]
