Search for: "Jack Whittington"
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17 Aug 2020, 8:40 am
This fall, I am assigning the manuscript of my work-in-progress with Evan Bernick: The Original Meaning of the 14th Amendment: Its Letter and Spirit, plus these 5 books: Paul Finkelman, Supreme Injustice: Slavery in the Nation's Highest Court (2017) Eric Segall, Originalism as Faith (2018) Greg Weiner, The Political Constitution: The Case Against Judicial Supremacy (2019) Robert Ross, The Framers' Intentions: The Myth of the Nonpartisan Constitution (2019) Jack Balkin, The Cycles… [read post]
14 Jun 2022, 2:29 pm
Fritz, American Sovereigns (Cambridge, 2007) Timothy Sandefur, The Right to Earn a Living (Cato Institute, 2010) Sonu Bedi, Rejecting Rights (Cambridge, 2009) Alison LaCroix, The Ideological Origins of American Federalism (Harvard, 2010) 2010: David Bernstein, Rehabilitating Lochner (Chicago 2011) (assigned ms) Brian Tamanaha, The Formalist-Realist Divide: The Role of Politics in Judging (Princeton, 2009) Earl Maltz, Slavery and the Supreme Court, 1825-1861 (Kansas, 2009) Michael Vorenberg, Final… [read post]
22 Nov 2021, 9:46 am
• Jack Shriver, 87, of Georgetown, died September 18, 2021. [read post]
13 Sep 2010, 5:11 am
United States,[12] which is considered the critical moment of 1935 by most scholars.[13] The resolution of the monetary question in favor of devaluation deprived the President’s populist critics of vital ammunition and allowed the country to avoid a repeat of the 1896 presidential campaign between William Jennings Bryan and William McKinley.[14] What makes Perry especially fascinating is that the decision presented two branches of government with tough dilemmas at the same time.[15] In a… [read post]
29 May 2009, 8:10 am
Here is the abstract: In this brief essay, I address the way in which "new originalists" Jack Balkin and Lawrence Solum use the Domestic Violence Clause in Article IV, Section 4 of the Constitution to support their theories. [read post]
12 Apr 2017, 7:49 am
I confess I missed Professor Dorf’s review of Jack Balkin’s Living Originalism, so this is the first I have heard this exact point being made by him, and I think it is worth pondering. [read post]
21 Mar 2023, 7:01 am
Maryland (2019) 2020: Paul Finkelman, Supreme Injustice: Slavery in the Nation's Highest Court (2017) Eric Segall, Originalism as Faith (2018) Greg Weiner, The Political Constitution: The Case Against Judicial Supremacy (2019) Robert Ross, The Framers' Intentions: The Myth of the Nonpartisan Constitution (2019) Jack Balkin, The Cycles of Constitutional Time (2020) 2019: Neal Devins, The Company They Keep: How Partisan Divisions… [read post]
11 May 2020, 10:00 am
For the Symposium on Gerald Leonard and Saul Cornell, The Partisan Republic: Democracy, Exclusion, and the Fall of the Founders' Constitution, 1780s-1830s (Cambridge University Press, 2019).Gerry LeonardI must begin with my earnest gratitude to Mark Graber and Jack Balkin for putting this symposium together and to each of the participants, both for their kind words and for their critical engagement with the substance of Saul Cornell’s and my book, The Partisan Republic. [read post]
3 Jul 2023, 6:30 am
For the Balkinization symposium on Martin Loughlin, Against Constitutionalism (Harvard University Press, 2022).Martin Loughlin’s new book Against Constitutionalism is extraordinarily rich and provocative. [read post]
9 Jan 2024, 12:05 pm
I thought this item from Prof. [read post]
3 Jul 2008, 4:51 pm
In Part II of this series, we briefly noted the emergence of the distinction in the writings of the New Originalists (particularly Keith Whittington and Randy Barnett). [read post]
19 Feb 2010, 9:05 am
In recent years, originalists ranging from Jack Balkin to Keith Whittington to Randy Barnett have argued in varying fashion that an originalist interpretive approach follows logically from "our commitment to a written constitution. [read post]
