Search for: "Jack Balkin"
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17 Apr 2010, 3:47 am
Deconstruction (Jack M. [read post]
11 May 2010, 5:00 am
In no particular order: 1) I want to echo Jack Balkin's comments: This is all "dreary and tiresome. [read post]
11 Feb 2010, 12:58 am
In the room were the four leading advocates of construction -- Keith Whittington, Randy Barnett, and Jack Balkin, along with Larry Solum -- as well as one of the critics of construction (yours truly -- for my criticism, see here). [read post]
27 Apr 2008, 7:04 am
(This blog's fearless leader, Jack Balkin, was also present, carrying the flag of true originalism as always.) [read post]
16 Jul 2011, 6:11 am
Jack Balkin, Constitutional Redemption: Political Faith in an Unjust World. [read post]
28 Sep 2009, 3:31 am
As I have tried to explain in more detail elsewhere, though, I believe it is a mistake - one that for several decades misshaped our constitutional doctrines and debates and one that "progressives" and "conservatives" alike should want to see abandoned well before 2020 - to think that observations or predictions of "divisiveness" should have any significant place either in the judicial enforcement of the no-establishment rule or in citizens' participation in what… [read post]
14 Oct 2024, 5:45 am
Our peer-reviewed Journal of Free Speech Law, which is now nearly four years old, has published 65 articles, including by Robert Post (Yale), Jack Balkin (Yale), Keith Whittington (Yale), Mark Lemley (Stanford), Geoffrey Stone (Chicago), Vince Blasi (Columbia), Jeremy Waldron (NYU), Cynthia Estlund (NYU), 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… [read post]
22 May 2025, 8:51 am
Our peer-reviewed Journal of Free Speech Law, which is now four years old, has published over 100 articles, including by Jack Balkin (Yale), Mark Lemley (Stanford), Jane Ginsburg (Columbia), Philip Hamburger (Columbia), Christopher Yoo (Penn), 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]
24 Sep 2007, 9:43 am
Yale Law Prof Jack Balkin at Balkinzation explained the problem back 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]
20 Aug 2023, 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]
3 Jan 2023, 5:57 am
Our peer-reviewed Journal of Free Speech Law, which is now two years old, 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]
18 Jul 2009, 7:54 am
As Jack Balkin says: With ordinary hardcover and paperback books, once you purchase a copy, you keep it, and you can pretty much do whatever you want with it, including marking it up, cutting it into parts or selling it to someone else. [read post]
7 May 2012, 7:40 am
Having sussed out the conservative mindset, Professor Goldstein then seeks to inform his friends and colleagues who read Jack’s blog of how their alien neighbors must be thinking. [read post]
4 Mar 2010, 8:23 am
The constitutional scholars amicus brief which advocated the same libertarian view of the Privileges or Immunities Clause was signed by such notables as Richard Aynes, Jack Balkin, Randy Barnett, Steven Calabresi, Michael Curtis, Michael Lawrence, William Van Alstyn and Adam Winkler. [read post]
8 Jun 2023, 1:59 pm
Our peer-reviewed Journal of Free Speech Law, which is now two years old, has published over fifty 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]
18 Oct 2023, 1:03 pm
Our peer-reviewed Journal of Free Speech Law, which is now nearly three years old, has published 65 articles, including by Jack Balkin (Yale), Mark Lemley (Stanford), Jeremy Waldron (NYU), Cynthia Estlund (NYU), Christopher Yoo (Penn), Danielle Citron (Virginia), Keith Whittington (Princeton, moving to Yale) (forthcoming), 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]
24 Sep 2017, 4:07 pm
Balkin, Yale University – Law School. [read post]
3 Mar 2010, 11:14 am
Aynes, Jack M. [read post]
10 Mar 2008, 6:15 am
But this view has been challenged, most prominently by Jack Balkin, who argues for "compatibilism"--the view that adherence to original public meaning is consistent with "living constitutionalism" in what we might call the "zone of construction" (relying on the Whittington-Barnett distinction between "interpretation" and "construction"). [read post]
1 Feb 2009, 6:06 am
Jack Balkin argues that the claim of executive privilege is weakened if Obama doesn't get behind it: Thus, if the sitting President does not support the claim of executive privilege, the claim is greatly reduced in strength, because, as the Supreme Court noted, "it must be presumed that the incumbent President is vitally concerned with and in the best position to assess the present and future needs of the Executive Branch, and to support invocation of the privilege… [read post]
