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14 Apr 2008, 4:07 am
Image by DML East Branch via Flickr There once was a blogger named May Who thought he had something to say Then he signed up to host A serial post Blawg Review one five five is today! [read post]
11 May 2009, 3:48 am
While playing the appointment guessing game, consider Jack Balkin's proposal for revamping the appointment system at Balkinization: a new Justice appointed every two years, with the nine most junior doing the heavy lifting, and senior justices hearing individual justice matters and stepping in among The Nine when a junior justice cannot hear a case.Also tangentially related to DOJ is the same-sex marriage question, being taken up in state courtrooms and… [read post]
2 Oct 2007, 8:22 am
Supreme Court might well reject today.At the risk of having my own words quoted to me -- and invoked as authoritative -- by some enterprising Balkinization-reading 14-year-old Saturday morning (hmm -- should 14-year-olds' sensibilities be shielded from the pernicious influence of Jack Balkin and his friends?) [read post]
21 Jul 2011, 10:01 am
As Jack Balkin has pointed out, 31 U.S.C. [read post]
20 May 2022, 1:56 pm
[A reply to Professor Andrew Koppelman] In the Arizona Law Review, Professor Andrew Koppelman asks the provocative question Why Do (Some) Originalists Hate America? [read post]
6 Oct 2018, 1:31 pm
On May 15, 1969, Justice Fortas resigned from the Supreme Court, thereby ending a seven-year period in which a 5-4 majority of the sitting Justices had been appointed by Democratic Presidents. [read post]
29 Nov 2017, 4:30 am
As Jack Balkin has noted, a party that can win the “constitutional trifecta” and control all three branches of government has enormous opportunities to reshape the political landscape.Political parties can most directly shape the federal judiciary by placing judges on the bench. [read post]
3 May 2022, 6:30 am
One of the most interesting features of some of the testimony before the “Biden Commission” (on which Jack Balkin himself served) was testimony by younger progressives, like Yale’s Sam Moyn or Harvard’s Niko Bowie, who sounded much like James Bradley Thayer in decrying a strong judiciary. [read post]
17 Jan 2016, 8:02 am
(Originalism anywhere in the Balkin/Kagan ballpark, basically.) [read post]
30 Oct 2018, 6:00 am
Jack Balkin argues that the common law concept of the fiduciary should apply to companies that collect large volumes of information about consumers. [read post]
11 Jun 2018, 3:53 pm
He begins with a fascinating chapter built around Daniel Markovits’s commencement speech (which perhaps Jack might have heard) to the 2015 class at the Yale Law School. [read post]
18 May 2022, 8:30 am
As Jack Balkin has argued, originalism is as much a theory of [read post]
17 Feb 2025, 1:04 pm
That is one way that "off the wall" ideas become "on the wall," in Jack Balkin's famous formulation. [read post]
18 Jul 2022, 6:30 am
Friedman First, let me thank Jack Balkin and the participants in this little symposium for putting time and effort into it, and for the generosity of spirit with which they approached it. [read post]
10 Apr 2021, 6:30 am
Tyler for their generous comments and keen insights, and a special nod to Professor Jack Balkin for hosting this symposium. [read post]
19 May 2014, 2:51 pm
Wade (el caso de la Suprema Corte sobre el aborto, compilación a cargo de Jack Balkin, ver post). [read post]
25 Jul 2024, 6:30 am
For the Balkinization Symposium on Alison L. [read post]
5 Jan 2016, 9:30 am
Calvin TerBeek I would like to thank Professor Balkin for the opportunity to join this fascinating discussion. [read post]
28 Jun 2018, 9:01 am
The Wagner Act was, as Jack Balkin would use the term, a constitutional construction. [read post]
13 Aug 2015, 2:55 pm
” As I will develop later, I reject the overly broad dead hand argument for the same reasons Jack Balkin insightfully sets out in Living Originalism. [read post]
