Search for: "Jack Balkin"
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28 Nov 2017, 5:39 am
Readers interested in a broad conversation could read Jack Balkin, Mark Tushnet, Ilya Somin, Josh Blackman, Neil Siegel, and David Super, as well as a responseto my initial essay from Calabresi and Hirji themselves. [read post]
16 Mar 2020, 6:30 am
A more appropriate word, to borrow from Jack Balkin and Sandy Levinson, might be executive “rot” given repeated speech from the administration that undermines public trust.Yet, as Norton observes, sometimes the truth or falsity of government speech determines whether such speech violates constitutional rights. [read post]
18 Oct 2019, 6:30 am
For the Symposium on Mary Anne Franks, The Cult of the Constitution (Stanford University Press, 2019).As it happens, I finished Mary Anne Franks’s The Cult of the Constitution only very recently, just as I read Jack Balkin’s review of her book. [read post]
9 Oct 2020, 6:30 am
For the Balkinization Symposium on Alexander Keyssar, Why Do We Still Have the Electoral College? [read post]
31 Oct 2018, 2:22 pm
In Jack Balkin’s ever-more-relevant formulation, it helps us make judgments about what’s “off the wall” and what’s “on the wall. [read post]
6 Feb 2021, 4:30 am
Jack Balkin has brought together four brilliant contributors whose work in this field has influenced my own. [read post]
13 May 2019, 6:00 am
For the symposium on Sanford Levinson and Jack M. [read post]
9 Jan 2024, 12:05 pm
I thought this item from Prof. [read post]
19 Aug 2006, 11:19 am
But that's not really the point: As Jack Balkin and I have argued, there is now overwhelming evidence that presidents generally make their judicial appointments to assure what we call the "partisan entrenchment" of the judiciary, where "partisan" is defined in terms of a sincere and genuine commitment to the constitutional vision of the party in power. [read post]
9 Mar 2009, 6:36 am
Lawyers like Jack Goldsmith and Steven Bradbury have repudiated it, sometimes at personal cost to themselves. [read post]
20 Apr 2022, 7:30 am
I am indebted to the network at Balkinization and to four outstanding scholars for their time spent with the book. [read post]
23 Mar 2011, 8:54 am
This reluctance reminds me of Jack Balkin's observation that the most important free speech questions in the 21st Century may be questions of "design"--of structuring our communications environments. [read post]
2 Mar 2007, 4:42 pm
Agreeing with Jack Balkin on the Padilla case. [read post]
7 Apr 2010, 1:14 pm
" Jack Balkin, What's Next For Network Neutrality? [read post]
29 Jun 2010, 12:56 pm
Others such as Reva Siegel and Jack Balkin argued that Heller, which announced the existence of a personal right to gun ownership in the home, was itself an opinion employing living constitutional methodology: it canvassed post-enactment state constitutional provisions, post-enactment commentary, post-enactment state court cases, and ignored/distinguished prevailing Supreme Court precedent to the contrary. [read post]
11 Aug 2007, 7:57 pm
Gallen; JZ’s Oxford Internet Institute; Lawrence Lessig’s Stanford Center for Internet & Society; Jack Balkin and Eddan Katz’s Information Society Project at Yale Law School; our partner institutions in the OpenNet Initiative (the University of Toronto’s Citizen Lab; University of Cambridge; and OII); and so forth. [read post]
20 Sep 2010, 5:30 am
He served as law clerk to Chief Judge Jack B. [read post]
21 Jan 2011, 1:18 pm
Balkin, Morton Horwitz Wrestles with the Rule of Law 29 William E. [read post]
28 Feb 2012, 3:10 am
I don’t mean to revisit the entirety of Heller — Jack Balkin elegantly explained how Scalia’s claim to “original meaning” in Heller was at best flawed — but rather to note how Scalia used a completely different form of analysis when attempting to reach his preferred political result. [read post]
26 Apr 2007, 8:23 am
Others have pointed out to me that Alito's Casey dissent also foreshadowed the "new paternalism" as Jack Balkin calls it. [read post]
