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24 Jun 2019, 7:30 am by Guest Blogger
For the symposium on Lawrence Lessig, Fidelity and Constraint: How the Supreme Court Has Read the American Constitution (Oxford University Press, 2019).Ryan D. [read post]
24 Jun 2019, 6:30 am by Guest Blogger
The book extends Lessig's theory of constitutional fidelity as translation to argue that the Supreme Court has, over its history, balanced the obligation of fidelity to meaning with the obligation of fidelity to the judicial role.We have assembled a terrific group of commentators, including Pamela Brandwein (Michigan), Ryan Doerfler (Chicago), Mark Graber (Maryland), Sandy Levinson (Texas), Gerard Magliocca (Indiana), John Mikhail (Georgetown), and Larry Solum (Georgetown)At… [read post]
24 Jun 2019, 6:30 am by JB
The book extends Lessig's theory of constitutional fidelity as translation to argue that the Supreme Court has, over its history, balanced the obligation of fidelity to meaning with the obligation of fidelity to the judicial role.We have assembled a terrific group of commentators, including Pamela Brandwein (Michigan), Ryan Doerfler (Chicago), Mark Graber (Maryland), Sandy Levinson (Texas), Gerard Magliocca (Indiana), John Mikhail (Georgetown), and Larry Solum (Georgetown)At… [read post]
21 Jun 2019, 10:30 am by JB
Sandy Levinson, Why Ken Kersch's Book is an Indispensable revelation about our constitutional situation5. [read post]
15 Jun 2019, 8:00 am by Guest Blogger
The posts of Ann Southworth, Sandy Levinson, Steve Griffin in particular do the book the great justice of describing it accurately, and underlining precisely what it aspires to do, and does. [read post]
30 May 2019, 6:00 am by Guest Blogger
(My distinction between “ideological” and “political” closely resembles the distinction, drawn in 2001 by Jack Balkin and Sandy Levinson, between “high politics” and “low politics. [read post]
16 May 2019, 6:30 am by Mark Graber
  Participants include such classics as John Hart Ely’s Democracy and Distrust, Ronald Dworkin’s Taking Rights Seriously, Gerald Gunther’s Constitutional Law, and, for that matter, Sandy Levinson’s Constitutional Faith and Jack Balkin’s Constitutional Redemption. [read post]
14 May 2019, 6:30 am by Stephen Griffin
For the symposium on Sanford Levinson and Jack M. [read post]
13 May 2019, 6:00 am by Guest Blogger
  I shudder to contemplate, much less welcome, a breakup of the American federation, as Sandy Levinson does. [read post]
12 May 2019, 6:30 am by Guest Blogger
For the symposium on Sanford Levinson and Jack M. [read post]
8 May 2019, 6:30 am by Guest Blogger
For the symposium on Sanford Levinson and Jack M. [read post]
7 May 2019, 6:30 am by Gerard N. Magliocca
For the symposium on Sanford Levinson and Jack M. [read post]
6 May 2019, 5:31 am by JB
This week at Balkinization we are hosting a symposium on Sandy's and my new book, Democracy and Dysfunction (University of Chicago Press, 2019).We have assembled a terrific group of commentators, including Julia Azari (Marquette), Steve Griffin (Tulane), Gerard Magliocca (Indiana), Frank Pasquale (Maryland), Eric Posner (Chicago), David Pozen (Columbia), and Corey Robin (Brooklyn College/CUNY).At the conclusion, Sandy and I will respond to the commentators. [read post]
15 Apr 2019, 6:00 am by JB
Sandy Levinson, Partisan Divisions in the Supreme Court: It's Likely to Get Worse (and There's No Reason to Think that it Will Necessarily Ever Get Better)8. [read post]
14 Apr 2019, 5:00 am by Guest Blogger
  We also discuss important differences between the more ideological Republican party and the more constituent-driven Democratic party; these differences are critical in understanding Reagan Attorney General Ed Meese’s transformative role in shaping legal policy through his embrace of the then-fledgling Federalist Society (an observation that is prominently featured in Sandy Levinson’s and Jack Balkin’s posts). [read post]
8 Apr 2019, 1:02 pm by Gerard Magliocca
In an otherwise terrific book by Justin Driver and in a recent post by Sandy Levinson over at Balkinization (where I also blog), the false story that Justice McReynolds refused to sit next to Justice Brandeis one year for the Court's official photograph was repeated. [read post]
3 Apr 2019, 6:00 am by JB
For the symposium on Neal Devins and Lawrence Baum's new book, The Company They Keep: How Partisan Divisions Came to the Supreme Court (Oxford University Press, 2019).Devins and Baum's The Company They Keep is a fine book that nevertheless manages to bury the lede. [read post]