Search for: "Jack Balkin"
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25 Aug 2009, 2:53 pm
In law school in the 90s, I took one of the early Internet law classes with Jack Balkin. [read post]
14 Jun 2022, 2:29 pm
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… [read post]
16 Jun 2022, 9:00 pm
Happy’s case marks a potential turning point because two members of the court—Judges Wilson and Rivera—dissented, showing that, to use a phrase coined by Yale Law Professor Jack Balkin, arguments for animal rights are no longer so “off the wall” that nearly everyone unthinkingly dismisses them. [read post]
20 Aug 2006, 7:37 pm
They are obviously linked to the rise of the National Surveillance State about which Jack and I have begun writing. [read post]
24 Nov 2019, 4:08 pm
Balkin, Yale University – Law School The Right to be Public: India’s LGBT Movement Builds an Argument about Privacy, Australian Journal of Asian Law, Vol. 20, No. 1, 2019, Mayur Suresh, University of London – School of Law Regulating the Crypto World – New Developments from France, Forthcoming publication in RTDF, Iris M. [read post]
1 Apr 2021, 4:22 pm
“Free Speech is a Triangle” In this essay for the Columbia Law Review, Jack M. [read post]
22 Aug 2012, 8:01 am
The second, however, is a belated assertion that a richer sense of constitutional interpretation – what Jack Balkin calls Living Originalism – shows that the Wickard decision was consistent with the original meaning of the Constitution after all, even though there is not so much as a glimmer of support for that position in any of the decided cases from Gibbons v. [read post]
4 Jun 2024, 7:30 am
Prominent examples include Michael McConnell, Jacques LeBoeuf, Donald Regan, Richard Levy, Robert Bork and Daniel Troy, Maxwell Stearns, Akhil Amar, Stephen Williams, Jack Balkin, Andrew Koppelman, and Stephen Calabresi. [read post]
16 Feb 2012, 11:40 am
It is an example of what Jack Balkin calls “ideological drift,” to where the First Amendment is not a “shield” for dissidents, but a “sword” for giant telecom and cable corporations to strike down regulations that “burden” them to foster greater diversity and access to speech. [read post]
2 Oct 2022, 7:00 am
Related Lexicon Entries Legal Theory Lexicon 026: Rules, Standards, and Principles Legal Theory Lexicon 030: Textualism Legal Theory Lexicon 043: Formalism and Instrumentalism Legal Theory Lexicon 050: Default Rules and Completeness Legal Theory Lexicon 063: Interpretation and Construction Legal Theory Lexicon 071: The New Originalism Legal Theory Lexicon 074: Restraint and Constraint in Constitutional Theory Legal Theory Lexicon 078: Theories of Statutory Interpretation and Construction Legal… [read post]
13 Aug 2022, 3:38 am
They include Jack Balkin, Emily Bazelon, Hillary Clinton, Jamal Greene, Amy Klobuchar, Newt Minow, Cass Sunstein, Sheldon Whitehouse, and others. [read post]
30 Jul 2007, 4:00 am
Randy followed with a discussion why he began as a contextualist, and, like Jack Balkin, had come to view himself as adopting a "new formalism" (though he was careful to state that it was not how he defined himself - I paraphrase roughly "I don't think I've ever though of myself as 'a new formalist'"). [read post]
28 Jul 2024, 6:00 am
Related Lexicon Entries Legal Theory Lexicon 026: Rules, Standards, and Principles Legal Theory Lexicon 030: Textualism Legal Theory Lexicon 043: Formalism and Instrumentalism Legal Theory Lexicon 050: Default Rules and Completeness Legal Theory Lexicon 063: Interpretation and Construction Legal Theory Lexicon 071: The New Originalism Legal Theory Lexicon 074: Restraint and Constraint in Constitutional Theory Legal Theory Lexicon 078: Theories of Statutory Interpretation and Construction Legal… [read post]
28 May 2012, 3:08 am
Balkin. [read post]
2 Apr 2010, 12:38 am
As Jack Balkin, Sandy Levinson, and others have ably pointed out, “constitutional” can be used in a different way, in that people express aspirations about what the Constitution should mean, even if that meaning is contrary to current precedents. [read post]
6 Jan 2010, 11:03 pm
Rhode, Stanford Law School Jack M. [read post]
26 Aug 2010, 12:09 pm
She was (with Yale’s Jack Balkin and Harvard’s Charles Nesson) one of three academics joining consumer groups to prompt the FCC’s 2008 investigation of Comcast interferinge with peer-to-peer technologies like BitTorrent. [read post]
5 Oct 2011, 12:46 pm
(Those theories that do admit for the possibility of dynamic interpretation, such as Jack Balkin’s, also tend to be criticized as “not really originalist. [read post]
14 Aug 2013, 8:54 am
In recent years, however, history and tradition have been more readily employed by judicial liberals, including Yale Law School scholars Akhil Amar and Jack Balkin. [read post]
24 Jan 2009, 6:34 am
Since then, President Obama signed three executive orders that were decidedly a rejection of "what Dick did," including the imposition of the Army Field Guideline on interrogation upon the CIA, as Jack Balkin describes: In the first executive order (reproduced below) President Obama gets rid of every secret Bush Office of Legal Counsel opinion authorizing torture and cruel treatment and requires full compliance with Geneva Common Article 3. [read post]
