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16 Oct 2010, 7:18 am
For the symposium on Bruce Ackerman, The Decline and Fall of the American RepublicA deep patriotism as well as optimism toward our republican constitutional experiment has been characteristic of the Yale school of constitutional interpretation, whose distinguished members include Bruce Ackerman, Akhil Amar, Jack Balkin, and Reva Siegel (among others). [read post]
5 Jul 2012, 2:14 pm
If so, they should get a share of the credit that is now flowing to Jack Balkin and Akhil Amar who contended that the whole mandate could be an exercise of the tax power. [read post]
2 Aug 2011, 1:48 pm
As the scholarship of Jack Balkin and others reminds us, the enumeration of powers in Article I, § 8 was the Committee of Detail’s elaboration of Resolution VI of the Virginia plan, which provided that Congress would have the authority “to legislate in all cases for the general interests of the Union, and also in those to which the States are separately incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual… [read post]
22 Apr 2007, 11:19 pm
In the cyberlaw literature, the arguments for why this matters are set out most explicitly in Benkler, Wealth of Networks; Lessig, Free Culture; and in the work of Jack Balkin and Terry Fisher (broadly, the literature of semiotic democracy and the Net). [read post]
28 Jun 2009, 6:29 am
And as Taney did not, I think it's important to recognize there are going to be huge consequences if you do leap ahead and involve the court in politics.There are many things that can be said about Dred Scott; indeed, Jack Balkin and I published an article, Thirteen Ways of Looking at Dred Scott. [read post]
22 Jan 2021, 6:00 am
For the Balkinization symposium on William N. [read post]
4 Apr 2014, 8:12 am
In a new article that began as a series of posts on Balkinization, I take a fresh look at the concept of implied powers and how it was originally conceived by the framers of the Constitution. [read post]
19 Feb 2010, 5:39 pm
Based upon the press leaks in the past few months, I had wondered if we would see evidence that the torture memos were in effect re-written by David Addington in ways that were inconsistent with the earlier versions—which evidence presumably would have supported a finding that Yoo had violated 2.1.UPDATE 5: I see that Professor Balkin has commented emotionally, stridently, and hyperbolically on the Margolis Memo. [read post]
19 May 2022, 5:56 am
Other equal-protection arguments, including Professor Jack Balkin's, focus less on motivation than on impact. [read post]
19 Sep 2010, 5:41 pm
Last Friday was Constitution Day, a day when, by law, every educational institution receiving federal funds has to educate its students about the constitution (Ruthann Robson, Constitutional Law Prof Blog). [read post]
4 Jan 2008, 3:24 pm
[Here's a good post on this issue from Michael Stokes Paulsen at Balkinization.] [read post]
12 Sep 2011, 11:59 am
What Jack Balkin called a "national surveillance state" has taken on a self-sustaining momentum: no member of Congress wants to be the one to blame if budget cuts are cited for agency's failures to detect and stop another terrorist attack. [read post]
9 May 2010, 12:17 pm
Looking at Elena Kagan's scholarship, I doubt she agrees with Justice Stevens, who dissented in Citizens United, and suspect she is a defender of corporate speech rights. [read post]
4 Jul 2024, 1:06 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 May 2010, 5:47 am
Introduction Every law student learns that the relationship of a legal text to the resolution of a particular case can be complex. [read post]
23 Sep 2010, 2:45 pm
Wade, one of her other recent publications is The Constitution in 2020 (with Jack Balkin). 1. [read post]
29 Feb 2008, 12:53 pm
Introduction There has been some discussion in the blogosphere recently of the constitutional requirement that the United States President be a "natural born citizen. [read post]
3 Jun 2018, 4:07 pm
The Trinity Legal Term begins on Tuesday 5 June and ends on 31 July 2019. [read post]
10 Sep 2008, 4:05 am
[For The Conference on The Future of Sexual And Reproductive Rights]Neal DevinsTwenty-one years after Robert Bork's failed Supreme Court nomination and sixteen years after Pennsylvania v Casey, the rhetoric of abortion politics sounds eerily familiar. [read post]
12 Sep 2011, 11:59 am
What Jack Balkin called a “national surveillance state” has taken on a self-sustaining momentum: no member of Congress wants to be the one to blame if budget cuts are cited for agency’s failures to detect and stop another terrorist attack. [read post]
