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7 Apr 2010, 8:51 am
(Thanks go to friends like Jack Balkin, Larry, Tim Wu, Barbara van Schewick, Yochai Benkler, David Vladeck, those at Media Access Project and Public Knowledge, as well as, primarily, the amazing team at Free Press, those at the FCC, and many many others, for making sure some young law professor wouldn't go astray.)For this post, I want to look on the bright side.First, we succeeded in many ways, factually. [read post]
15 Nov 2019, 6:30 am
It is indispensable, which means, as with earlier books that have been the subject of Balkinization symposia, such as those by Jonathan Gienapp or Michael Klarman, that it not only deserves to be read, but really must be read by anyone wishing to be truly literate in the subject of American constitutional law and its development over time. [read post]
13 Jul 2009, 6:36 pm
In a later post, I buttressed my argument with support from two great constitutional thinkers, Yale University Law Professor Jack Balkin and Chief Justice Joseph Story, who succeeded John Marshall: Professor Jack Balkin, of Balkinization, issued a paper recently that had similar thoughts, much better expressed of course: This article argues that the debate between originalism and living constitutionalism offers a false dichotomy. [read post]
14 Dec 2011, 1:18 pm
This is an important article, which has already received notice from Lawrence Solum and Jack Balkin, among others. [read post]
6 Jan 2015, 6:46 pm
VERSION 2.1 (last updated 1/6/2015) FIRST NAME LAST NAME TWITTER NAME (PRECEDED BY @) SCHOOL Nadia Ahmad gatormob Pace Aziza Ahmed AzizaAhmed Northeastern Ann Althouse annalthouse Wisconsin Heidi Anderson HeidiRAnderson Florida Coastal David Ardia dsardia UNC Richard Ashcroft qmulbioethics Queen Mary London Jonathan Askin jaskin Brooklyn Ian Ayres iayres Yale Barbara Babcock bababcock Stanford Sam Bagenstos sbagen Michigan Stephen Bainbridge ProfBainbridge… [read post]
13 May 2015, 1:13 pm
The concept of an anti-canon in constitutional law was developed a few years back (by Richard Primus, Jack Balkin and Sanford Levinson, among others, and more recently by Akhil Amar and Jamal Greene). [read post]
11 Aug 2011, 8:11 am
Lash does not accurately describe the work of Akhil Amar, Jack Balkin, Andrew Koppelman, Donald Regan, Robert Stern, and others. [read post]
4 Jun 2010, 2:34 pm
Balkin and Reva B. [read post]
3 Jul 2007, 10:50 am
"It's not just a story about the blogosphere," said Jack M. [read post]
14 Oct 2007, 5:16 am
(As Jack Balkin pointed out to me later, Google's indexing policy defines reckless indifference for the purposes of the actual malice standard - Google just does not care whether the information in a webpage is true or false.) [read post]
30 Mar 2012, 8:53 am
So, for instance, it’s easy for Jack Balkin to dismiss an argument premised on Bailey v. [read post]
31 Oct 2008, 2:14 pm
There is a nicely nuanced reaction to the agreement here, from Jack Balkin of Yale Law School. [read post]
21 Jul 2014, 9:04 am
Marvel Comics, the legal battle for control over the comic-book characters created by artist Jack Kirby. [read post]
24 Dec 2009, 9:49 am
. - Jack Balkin), which gives Congress the power to To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States. [read post]
22 Sep 2008, 10:42 am
According to the Washington Times (which I assume is a reliable source for conservatives who read Balkinization, Mr. [read post]
27 Nov 2006, 12:42 pm
For more on the distinction between original meaning and original intentions, see:Legal Theory Lexicon 019: Originalism Randy Barnett, An Originalism for Nonoriginalists Jack Balkin, Abortion and Original MeaningOn a personal note, it was a thrill hearing from Dean Bennett--who holds the Nathaniel L. [read post]
14 Feb 2011, 12:00 pm
Co-Convenors of Law.gov: Jack M. [read post]
18 Feb 2012, 1:32 pm
When top scholars publish two books simultaneously, one for the cosmic theorists and one that emphasizes constitutional politics more broadly, devote all of your attention to the book in the pair that everyone else is ignoring instead of the book about which they are all a-twitter (that is, read Jack Balkin’s Constitutional Redemption, and not his Living Originalism; read Keith Whittington's Constitutional Construction, not his Constitutional Interpretation)(when the… [read post]
29 Jul 2011, 3:01 pm
Follow the links at Dorf on Law On Balkanization, Yale law professor Jack Balkin has written ten recent blog posts on the issue, including a legislative history of section four of the 14th Amendment, and one in which he explains why Clinton would act unilaterally and Obama won’t. [read post]
17 Mar 2011, 11:59 am
Here is Charlie recounting the substance of our conversation with Glenn Greenwald:CHARLIE SAVAGE:...You know, I had this interesting conversation when I was working on this article that came out this morning with Jack Balkin at Yale Law School, and he compares this moment to when Dwight Eisenhower took over, in 1953, and after FDR and then Truman had built up the New Deal administrative state, which Republicans hated, but then Eisenhower, instead of dismantling it, just sort of… [read post]