Search for: "Jack Balkin"
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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]
10 Jun 2022, 9:30 pm
Over at Balkinization, John Fabian Witt weighs in. [read post]
8 Jun 2022, 7:00 am
One alternative is, if I may, Balkinian: pursue incremental reforms, and trust that the cycles of constitutional time will produce more democratic leadership (Balkin 2020). [read post]
5 Jun 2022, 6:00 am
Moreover, some of the theorists who are called “New Originalists” have theories of constitutional construction that permit normative considerations to enter into the decision of cases inside the construction zone: Jack Balkin's "living originalism" or "framework originalism" is a prominent example. [read post]
3 Jun 2022, 6:30 am
Friedman, The Jurisprudence of Sport: Sports and Games as Legal Systems (West Publishing 2021).Yuval Abrams First, I'd like to thank Jack Balkin and my co-participants for putting together this symposium. [read post]
24 May 2022, 4:00 am
It is on a similar principle that Professor Barnett once expressed that he "is sympathetic" with Professor Jack Balkin's claim that Roe v. [read post]
20 May 2022, 1:56 pm
[A reply to Professor Andrew Koppelman] In the Arizona Law Review, Professor Andrew Koppelman asks the provocative question Why Do (Some) Originalists Hate America? [read post]
20 May 2022, 12:47 pm
Jack M. [read post]
20 May 2022, 12:47 pm
Jack M. [read post]
20 May 2022, 7:15 am
Akhil Amar and Jack Balkin have attempted to do so by making two arguments. [read post]
20 May 2022, 5:45 am
Drawing principally from the work of Professor Jack Balkin and Professor Sanford Levinson, I argue that a political, partisan Supreme Court may still enhance our polity’s democratic function. [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]
18 May 2022, 8:30 am
As Jack Balkin has argued, originalism is as much a theory of [read post]
13 May 2022, 4:36 pm
One might surmise, incidentally, as Jack Balkin and I did in an article published some years so in the Columbia Law Review, that a country built on multiple forms of illegitimate domination has a deep ideological interest in neutering the force of the Amendment by the altogether unfounded suggestion that it refers only to chattel slavery, and even then only to selective features of chattel slavery that we can assure ourselves are no longer present in our own world. [read post]
12 May 2022, 8:55 am
Jack M. [read post]
3 May 2022, 6:30 am
One of the most interesting features of some of the testimony before the “Biden Commission” (on which Jack Balkin himself served) was testimony by younger progressives, like Yale’s Sam Moyn or Harvard’s Niko Bowie, who sounded much like James Bradley Thayer in decrying a strong judiciary. [read post]
28 Apr 2022, 8:30 am
In 2001 Sandy and his frequent co-author Jack Balkin published a piece in the Virginia Law Review titled “Understanding the Constitutional Revolution. [read post]
28 Apr 2022, 7:30 am
We are thrilled and appreciative to collaborate with Jack Balkin in this way. [read post]
24 Apr 2022, 6:30 am
In this, Fishkin and Forbath make a major contribution to a like-minded cohort of liberal-left constitutional scholars -- Bruce Ackerman, Jack Balkin, Akhil Amar, Larry Kramer, and others -- who have written against the legal academy’s grain by focusing on “the constitution outside the courts. [read post]
21 Apr 2022, 7:30 am
For the Balkinization symposium on Daniel Carpenter, Democracy by Petition: Popular Politics in Transformation, 1790–1870 (Harvard University Press, 2021).Daniel Carpenter[1] Is there anything like the petition of lore left in our republic? [read post]
