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31 Aug 2023, 6:47 am by Nicholas Nugent
As Jack Balkin has argued, the public sphere is not fixed in its definition or destination but is instead best understood as "the space in which people express opinions and exchange views that judge what is going on in society. [read post]
21 Mar 2023, 7:01 am by Randy E. Barnett
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]
8 Feb 2009, 7:55 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]
24 Apr 2023, 2:40 am by INFORRM
Fox Corporation has agreed to pay Dominion Voting Systems $787.5 million (£630m) to settle a landmark defamation suit brought by the election technology company over claims repeatedly aired on Fox News suggesting its voting machines were involved in a conspiracy to rig the 2020 US presidential election. [read post]
20 Aug 2012, 8:17 am by Sanford Levinson
The “countermajoritarian difficulty” In an article that Jack Balkin and I wrote several years ago about scholarly citations, we emphasized the importance of inventing a good catchphrase that would itself become a standard citation. [read post]
19 Mar 2019, 9:01 pm by Michael C. Dorf
Accordingly, scholars like Professor Jack Balkin have argued that this version of originalism does not differ from living Constitutionalism.If that’s true, what’s the fuss? [read post]
15 Aug 2024, 6:00 am by Guest Blogger
LaCroix  Let me begin by thanking Jack Balkin and Mark Graber for generously organizing this symposium and for convening such a marvelous group of contributors. [read post]
26 Sep 2022, 6:30 am by Guest Blogger
And, of course, I’m also very grateful to Jack Balkin for giving us this space on Balkinization. [read post]
27 Dec 2022, 6:30 am by Guest Blogger
So I’m especially pleased to read (and to comment) on what they had to say and grateful, of course, to Jack Balkin for continuing to open Balkinization to the material produced during these “Levinsonfests. [read post]
30 Aug 2011, 6:24 am by John Mikhail
In recent years, these ideas have been given renewed attention in work by Jack Rakove, Joseph Lynch, Jack Balkin, Kurt Lash, Robert Cooter & Neil Siegal, and many other writers, including my friend and colleague Randy Barnett. [read post]
27 Jul 2008, 10:36 am
July 28, 1868:  The 14th Amendment to the United States Constitution was passed. [read post]
1 Jun 2021, 6:30 am by Sandy Levinson
For the Symposium on Kate Masur, Until Justice Be Done: America's First Civil Rights Movement, From the Revolution to Reconstruction (W. [read post]
23 Oct 2018, 6:00 am by Sandy Levinson
For the Symposium on Jonathan Gienapp, The Second Creation: Fixing the American Constitution in the Founding Era (Belknap Press, 2018).No one in the future can be considered a literate commentator on the history of the Constitution and American constitutional development who has not carefully read and reflected on Jonathan Gienapp’s stunning book The Second Creation:  Fixing the American Constitution in the Founding Era. [read post]
15 May 2023, 8:00 am by JB
This post was prepared for a roundtable on Constitutional Crises, convened as part of LevinsonFest 2022—a year-long series gathering scholars from diverse disciplines and viewpoints to reflect on Sandy Levinson’s influential work in constitutional law. [read post]
11 Oct 2020, 6:30 am by Sandy Levinson
For the Balkinization Symposium on  Alexander Keyssar, Why Do We Still Have the Electoral College? [read post]
27 Mar 2020, 1:30 pm by Guest Blogger
For the Symposium on Helen Norton, The Government's Speech and the Constitution (Cambridge University Press, 2019).Helen NortonMy thanks to Jack Balkin for hosting this symposium on my book, “The Government’s Speech and the Constitution,” and to each and every one of the symposium’s terrific contributors. [read post]