Search for: "Jack Balkin"
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3 Jun 2015, 3:40 am
The Framework Model and Constitutional Interpretation, Jack M. [read post]
17 Oct 2022, 6:00 am
Folks like Mike, or Erwin Chemerinsky, or Jack Balkin, etc., would present a stronger approval of the Federalist Society that might cause some folks to wonder but I don't have that swag so the pushback I get is really a lot of noise without much substance.Moreover, there is a huge difference and even a growing disconnect between the Federalist Society leadership (especially Leonard Leo) and the rank and file students, lawyers, and law professors who make up the organization. [read post]
21 Nov 2023, 5:30 am
To use Jack Balkin's framing, an argument that was "off the wall" became "on the wall. [read post]
24 Sep 2017, 4:07 pm
Balkin, Yale University – Law School. [read post]
23 Jan 2023, 2:17 pm
It has published dozens of articles, including by Jack Balkin (Yale), Mark Lemley (Stanford), Jeremy Waldron (NYU), Cynthia Estlund (NYU, forthcoming within a week or so), Christopher Yoo (Penn), Danielle Citron (Virginia), and many others—both prominent figures in the field and emerging young scholars (including ones who didn't have a tenure-track academic appointment). [read post]
15 Dec 2006, 6:19 am
.] * * * * * * * by Jack M. [read post]
14 Aug 2012, 11:29 am
Our brief, filed on behalf of CAC and six of the nation’s most prominent constitutional scholars – Bruce Ackerman, Vikram Amar, Jack Balkin, Burt Neuborne, James Ryan, and Adam Winkler – demonstrates that the text and history of the Fourteenth Amendment permit government to take race into account in certain circumstances in order to ensure equality of opportunity for all persons regardless of race. [read post]
18 Apr 2008, 8:52 am
Thus, Jack Balkin can write, correctly I think, that there is little chance of any administration officials being held legally accountable for their actions. [read post]
14 Dec 2010, 8:17 am
In an important recent study, Jack Balkin shows that the word “commerce” at the time of the framing referred to all interaction between people, and so “the commerce power authorizes Congress to regulate problems or activities that produce spillover effects between states or generate collective action problems that concern more than one state. [read post]
23 Mar 2025, 6:00 am
Walter Wheeler Cook, Hohfeld's Contribution to the Science of Law, 28 Yale Law Journal 721 (1918) Jack Balkin, The Hohfeldian approach to law and semiotics,44 U. [read post]
25 Jan 2009, 10:38 am
Steve CalabresiJack Balkin and Mike Paulsen do not in my opinion get the presidential oath controversy exactly right, just as Barack Obama and Chief Justice Roberts did not initially get the presidential oath exactly right. [read post]
27 Mar 2010, 7:25 am
I am convinced by Jack Balkin that the congressional power to regulate commerce does (as both descriptive and normative matter) reach requirements that individuals acquire insurance coverage. [read post]
18 Mar 2010, 8:00 pm
As Yale Law Prof Jack Balkin wrote in 2003: The federal material witness statute allows federal officials to detain people whose testimony is thought to be material to an ongoing criminal investigation for the purpose of testifying before a grand jury or in a criminal trial. [read post]
13 May 2012, 6:59 am
" pjblack.me/Jj2bcC a very interesting decision: "New York Court: Viewing Online Child Porn Is Legal" pjblack.me/J38qBM this is an interesting piece: "Asking Students To Revise Your Syllabus" pjblack.me/IHWXT5 #highered from @techcrunch: "Facebook Enhances Its Suicide Prevention Outreach, Adds Services For Vets And Military Personnel" pjblack.me/J37SvJ more on whether the affordable care act is a tax: "Another Lifeline For Justice… [read post]
7 Sep 2018, 11:15 am
Calabresi, "Neither Kavanaugh Nor Constitutional Originalism Are Scary," The Hill, Aug. 21, 2018 (reprinted in Appendix C).5 According to a recent survey of scholarly (as distinct from judicial) citations, the two most cited originalist scholars in recent years are Professor Jack Balkin and yours truly--both self-described liberals and registered Democrats. [read post]
1 Feb 2011, 2:32 pm
” This history has been told lately in superb works by Akhil Amar and Jack Balkin, but Vinson ignored it.Vinson’s trade theory is inconsistent with not one, but two, of Chief Justice Marshall’s landmark opinions. [read post]
4 Aug 2008, 1:49 pm
o Sanford Levinson and Jack Balkin - Morton Horwitz and The Rule of Lawo Laura Kalman - Transformationso Bill Nelson - Who Should Judge Legal History: Lawyers or Historians? [read post]
17 Aug 2023, 8:55 am
This paper is "highly recommended" by Larry Solum, as is this competing view offered by Jack Balkin and Sandy Levinson. [read post]
7 Sep 2007, 3:10 pm
As Jack Balkin argues (persuasively, in my view) the district court in Doe correctly struck down what was a licensing scheme that rested on the discretion of the government. [read post]
19 Apr 2009, 1:44 pm
So, in Jack Balkin's example, what if a federal statute says that the capital-house janitor can accept federal funds? [read post]
