Search for: "Evan Bernick"
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3 Mar 2025, 4:00 am
Bernick, Cthulhu and the Constitution, (February 22, 2025).Makayla Haussler, Confronting State-Sanctioned Reproductive Abuse: Reproductive Justice, Domestic Violence, and the Promise of State Constitutional Rights to Safety Post-Dobbs, (January 15, 2025).David S. [read post]
22 May 2014, 12:53 pm
Source: “Pinterest Users, Beware: Giving Cooking Advice Could Be a Crime,” by Evan Bernick, published at Heritage.org. [read post]
5 Jul 2022, 12:50 pm
Barnett and Evan D. [read post]
20 May 2022, 8:31 am
And each modality asks this question from a different perspective.Randy Barnett and Evan Bernick have argued that constitutional construction must be made in good faith and consistent with the Constitution's letter and spirit. [read post]
20 Oct 2015, 5:30 am
In recent months, Evan Bernick of the Institute for Justice joined calls by Judge Alex Kozinski and retired Supreme Court Justice John Paul Stevens to reform the doctrines giving prosecutors absolute immunity from lawsuits seeking damages under Section 1983. [read post]
14 Nov 2018, 4:07 pm
Originalists like Randy Barnett, Ilya Somin, Ilya Shapiro, Jack Balkin, and Evan Bernick all reject substantial deference when it comes to originalist approaches to constitutional interpretation.... [read post]
3 Aug 2018, 12:30 pm
With special guest Professor Evan Bernick of Georgetown Law. [read post]
24 Jun 2023, 11:25 am
Although the decision is but a week old, much has already been written about the history found in Justices Gorsuch and Thomas' concurring and dissenting opinions, including an excellent post on this blog by Josh Blackmun here, another by my colleague Evan Bernick on the Originalism Blog here, and my more humble post elsewhere, among others. [read post]
18 Feb 2025, 3:16 pm
Professor Mike Ramsey, a conservative originalist who has forgotten more about birthright citizenship than maybe a handful of people will ever know, absolutely devastates Wurman and Barnett’s misreading of primary sources. originalismblog.typepad.com/the-original…— Evan Bernick, a finite mode with a resolute floof (@evanbernick.bsky.social) 2025-02-18T15:37:02.315ZA more liberal law professor, Jed Shugerman, also has a lot to say about the Barnett/Wurman piece. [read post]
23 Jun 2021, 6:30 am
For the Symposium on Kurt Lash, The Reconstruction Amendments: The Essential Documents (University of Chicago Press, 2021)(2 vols.). [read post]
16 Dec 2024, 6:30 am
Smith and Desmond King, America’s New Racial Battle Lines: Protect versus Repair (University of Chicago Press, 2024).Evan D. [read post]
18 Mar 2025, 4:00 am
"Similarly, Professors Randy Barnett and Evan Bernick have written that "originalists hold that: (1) the meaning of a provision of the Constitution was fixed at the time it was enacted... and (2) that fixed meaning ought to constrain constitutional decisionmakers today. [read post]
28 Oct 2022, 5:55 am
(As a point of disclosure, I represented Professor Evan Bernick, an originalism scholar, in a brief supporting the respondents.) [read post]
14 Jun 2022, 2:29 pm
This fall, I am assigning a portion of my book with Evan Bernick: The Original Meaning of the 14th Amendment: Its Letter and Spirit, plus these 5 books: Helen Norton, The Government's Speech and the Constitution (2020) Aziz Huq, The Collapse of Constitutional Remedies (2021) David Bernstein, Classified: The Untold Story of Racial Classification in America (2022) Stuart Banner, The Decline of Natural Law: How American Lawyers Once Used Natural Law and Why they Stopped (2021)… [read post]
3 Jul 2018, 5:32 am
For the Yale Journal on Regulation’s Notice & Comment blog, Evan Bernick reviews Barrett’s “extensive scholarship on statutory interpretation” for “insight into how Barrett might approach one of administrative law’s most centrally important and controversial doctrines: Chevron deference, which requires judges to defer to ‘reasonable’ agency interpretations of ‘ambiguous’ statutory text. [read post]
1 Nov 2016, 3:49 am
” At the Federalist Society, Evan Bernick argues that, contrary to recent statements by Senate Republicans and conservative commentators, shrinking the size of the court will not reduce judicial activism; he maintains that there is “no inherent connection between the number of justices and activism, however defined,” and that we need, not “a smaller, more timid Court,” but rather “justices who are both faithful to the Constitution and unafraid to… [read post]
20 Dec 2024, 5:01 am
Barnett & Evan D. [read post]
6 Mar 2025, 6:07 am
The Citizenship Clause of the Fourteenth Amendment states that “[a]ll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States…. [read post]
20 Jan 2023, 6:30 am
For the Balkinization 20th Anniversary SymposiumPaul Gowder I'd like to sketch out a preliminary outline of a different way to think about the relationship between constitutional law and democracy, one inspired by some of James Baldwin's remarks about the relationship between the struggle for racial equality and American political identity. [read post]
3 Jul 2022, 7:15 am
” In response to my original tweet, Evan Bernick states, “I think the MQD is no longer part of Chevron at all. [read post]
